PI Brief Update

Vicarious Liability: Footballers, Assault and 'Initiation Ceremonies' - Gordon Exall, Zenith Chambers & Hardwicke

25/01/16. It is well known that recently the Supreme Court heard a number of appeals in relation to vicarious liability, particularly for assaults by employees. While the decisions are pending it is useful to look at examples where these issues are being applied using the current law. The issue of vicarious liability for an “initiation ceremony” which involved intimate touching was considered by His Honour Judge Butler (sitting as a High Court judge) in GB -v- Stoke City Football Club Ltd [2015] EWHC 2862 (QB).

THE CASE

The claimant alleged that he had been assaulted whilst working as an apprentice footballer between 1986 – 88 when aged 16 – 17. On two occasions he had been subject to an assault (of a non-sexual nature) involving the use of a goalkeeper’s glove in an intimate area.

• The alleged assailant had no direct responsibility for the supervision or discipline of the claimant.

• There was not sufficiently close connection between the role of the alleged assailant with the defendant, the assault and the claimant to justify imposing vicarious liability.

THE VICARIOUS LIABILITY ISSUE

The claimant had obtained permission to proceed under s.33 of the Limitation Act in relation to the allegations of assault and vicarious liability for the alleged assault. However permission was not given in relation to a an action directly against the football club. The judge found that the claimant had not...

Image cc flickr.com/photos/gareth1953/6316198474/

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