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Nightclub owner liable for bouncer's attack on fire fighter

A leisure company has been held liable for the actions of a bouncer at one of its nightclubs, which left an off duty firefighter with permanent brain damage, even though he worked for a separate business that operated on an outsourced basis.

The Court of Appeal has upheld a High Court ruling last year that Luminar Leisure is vicariously liable for the actions of bouncer Jeffrey Warren working at their Chicago Rock Café in Southend, Essex.

The Legal Line's solicitors Thompsons, who represented the victim David Hawley, say the ruling will have big implications for the leisure sector, its insurers and any industry using contract workers.

Mr Hawley's solicitor, Honor Lamont of Thompsons in Ilford said: "This means that an organisation which employs contract workers may be held responsible for their actions while working on the premises, depending on the level of control they retain."

The incident happened in August 2000, during a fracas outside the club. Mr Hawley tried to show he wanted no trouble, but was punched so hard by the bouncer that he fell to the pavement and sustained a fractured skull, nose and jaw. His brain injury was so severe that he had to have a front section of it removed.

Mr Warren, employed by ASE Security Services, was convicted of causing grievous bodily harm.

Thompsons sued ASE and Luminar but the former went into liquidation in 2002 and its insurers refused to pay on the grounds it had been an intentional assault and did not fall within the policy cover. Luminar denied liability on the grounds Mr Warren was neither an employee nor a temporary "deemed" employee.

Last year a High Court judge decided Luminar had sufficient control over ASE staff to make them its "temporary deemed employees" hence it could be held vicariously liable. Three appeal court judges upheld that ruling, and Mr Hawley will be able to claim compensation.

Both defendants have agreed to an interim payment of £25,000 between them.

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