Mattis v Pollock
Encyclopedia
Mattis v Pollock [2003] 1 WLR 2158 is an English tort law
case, establishing an employer's vicarious liability
for assault
, even where it may be intentional or pre-meditated. Previously, judge
s had been unwilling to impose liability where assaults were motivated by revenge or vengeance; it was established however that following the decision of Lister v Hesley Hall Ltd, that where an assault is closely linked to the duties of an employee, the employer should be held vicariously liable.
, was employed as a bouncer
to keep order at the club's doors, and to break up scuffles and fights. On the 18th of July 1998, an incident occurred involving a customer, Mr Fitzgerald, and Mr Cranston, who threw a friend of his across a room. It was submitted that Mr Pollock had given Mr Cranston instructions to "impress upon Mr Fitzgerald that Mr Cranston was prepared to use physical force to ensure compliance with any instructions that he might give to Mr Fitzgerald or any of his companions".
Subsequently, on the 24th of July, Mr Mattis was attending the club with a friend, Mr Cook. Mr Cranston was instructed that Cook should be barred from the club, and was ejected. A week later, Mr Mattis attended the club with other friends, at around 11:15pm. Mr Cook turned up with Mr Fitzgerald, at around 1am, and upon seeing them, Mr Cranston violently assaulted Mr Cook and one of his friends. Upon witnessing this, Mr Mattis attempted to pull Cranston from Cook, whereupon several other customers surrounded Cranston, who was forced to flee. Upon arriving back at the club, he grabbed Mr Mattis, and stabbed him in the back. As a result, Mr Mattis was rendered paraplegic.
The Court of Appeal
rejected this, with Judge LJ stating:
Taking note of the recent decisions in Lister v Hesley Hall Ltd and Dubai Aluminium Co Ltd v Salaam, Judge LJ did not look to establish that the stabbing had occurred in the course of Cranston's employment, but whether the stabbing was closely connected to his work, and instruction It was of particular importance that Mr Cranston had been instructed by Mr Pollock, and was known to be, violent and intimidating toward customers:
English tort law
English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
case, establishing an employer's vicarious liability
Vicarious liability
Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability...
for assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
, even where it may be intentional or pre-meditated. Previously, judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s had been unwilling to impose liability where assaults were motivated by revenge or vengeance; it was established however that following the decision of Lister v Hesley Hall Ltd, that where an assault is closely linked to the duties of an employee, the employer should be held vicariously liable.
Facts
Mr Cranston, an employee of Flamingos night club, in LondonLondon
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, was employed as a bouncer
Bouncer (doorman)
A bouncer is an informal term for a type of security guard employed at venues such as bars, nightclubs or concerts to provide security, check legal age, and refuse entry to a venue based on criteria such as intoxication, aggressive behavior, or attractiveness...
to keep order at the club's doors, and to break up scuffles and fights. On the 18th of July 1998, an incident occurred involving a customer, Mr Fitzgerald, and Mr Cranston, who threw a friend of his across a room. It was submitted that Mr Pollock had given Mr Cranston instructions to "impress upon Mr Fitzgerald that Mr Cranston was prepared to use physical force to ensure compliance with any instructions that he might give to Mr Fitzgerald or any of his companions".
Subsequently, on the 24th of July, Mr Mattis was attending the club with a friend, Mr Cook. Mr Cranston was instructed that Cook should be barred from the club, and was ejected. A week later, Mr Mattis attended the club with other friends, at around 11:15pm. Mr Cook turned up with Mr Fitzgerald, at around 1am, and upon seeing them, Mr Cranston violently assaulted Mr Cook and one of his friends. Upon witnessing this, Mr Mattis attempted to pull Cranston from Cook, whereupon several other customers surrounded Cranston, who was forced to flee. Upon arriving back at the club, he grabbed Mr Mattis, and stabbed him in the back. As a result, Mr Mattis was rendered paraplegic.
Judgment
The trial judge found the club's owner, Mr Pollock, was not liable for the stabbing of Mr Mattis. This event was not part of one continuous string of events; as Mr Cranston had fled home, leaving his duties, he was no longer within the course of his employment. He stated that:"The lapse of time and intervening events were, in my judgment, of such a nature that it would not be right to treat the event culminating in the stabbing of Mr Mattis as one incident commencing in the club."
The Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
rejected this, with Judge LJ stating:
Taking note of the recent decisions in Lister v Hesley Hall Ltd and Dubai Aluminium Co Ltd v Salaam, Judge LJ did not look to establish that the stabbing had occurred in the course of Cranston's employment, but whether the stabbing was closely connected to his work, and instruction It was of particular importance that Mr Cranston had been instructed by Mr Pollock, and was known to be, violent and intimidating toward customers:
See also
- Lister v Hesley Hall Ltd
- Vicarious liability in English lawVicarious liability in English lawVicarious liability in English law is a doctrine of English tort law that imposes strict liability on employers for the wrongdoings of their employees. Generally, an employer will be held liable for any tort committed while an employee is conducting their duties...
- English tort lawEnglish tort lawEnglish tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...