Kafagi v JBW Group Ltd

Kafagi v JBW Group Ltd

The relationship between the respondent and the bailiffs was not 'akin to employment.' Mr Boylan was self-employed, could reject work, worked for other clients, and was not under the respondent's control. Mr Fenwick had no contractual relationship with the respondent. Therefore, the respondent was not vicariously...

Source-derived case information.

Parties
Appellant: Nassir Kafagi; Respondent: JBW Group Ltd
Jurisdiction
England and Wales
Judgment Date
18 May 2018
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal dismissed
Legal Topics
Vicarious Liability, Relationship Akin to Employment, Contract of Service Vs Contract for Services
Tort Law Employment Law Vicarious Liability Relationship Akin to Employment Contract of Service Vs Contract for Services

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Nassir Kafagi

Appellant

JBW Group Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the relationship between the respondent and bailiffs was 'akin to employment' for purposes of vicarious liability
  2. 2 Whether the courts below applied the correct legal test for vicarious liability

Ratio Decidendi

The relationship between the respondent and the bailiffs was not 'akin to employment.' Mr Boylan was self-employed, could reject work, worked for other clients, and was not under the respondent's control. Mr Fenwick had no contractual relationship with the respondent. Therefore, the respondent was not vicariously liable for the alleged torts.

Court Disposition

appeal dismissed

Orders

  • Respondent awarded costs of £5,298 inclusive of VAT, summarily assessed