Hilary Term
[2016] UKSC 11
On appeal from: [2014] EWCA Civ 116
| JUDGMENT |
Mr A M Mohamud (in substitution for Mr A Mohamud (deceased)) (Appellant) v WM Morrison Supermarkets plc (Respondent)
before
Lord Neuberger, President
Lady Hale, Deputy President
Lord Dyson
Lord Reed
Lord Toulson
JUDGMENT GIVEN ON
2 March 2016
Heard on 12 and 13 October 2015
Appellant Respondent
Joel Donovan QC Benjamin Browne QC
Adam Ohringer Roger Harris Isabel Barter
(Instructed by Bar Pro (Instructed by Gordons
Bono Unit) LLP)
LORD TOULSON: (with whom Lord Neuberger, Lady Hale, Lord Dyson and Lord Reed agree)
1. Vicarious liability in tort requires, first, a relationship between the defendant and the wrongdoer, and secondly, a connection between that relationship and the
wrongdoer’s act or default, such as to make it just that the defendant should be held
legally responsible to the claimant for the consequences of the wrongdoer’s conduct.
In this case the wrongdoer was employed by the defendant, and so there is no issue about the first requirement. The issue in the appeal is whether there was sufficient
connection between the wrongdoer’s employment and his conduct towards the
claimant to make the defendant legally responsible. By contrast, the case of Cox v Ministry of Justice [2016] UKSC 10, which was heard by the same division of the court at the same time, is concerned with the first requirement. The judgments are separate because the claims and issues are separate, but they are intended to be complementary to each other in their legal analysis. In preparing this judgment I
have had the benefit of Lord Reed’s judgment in Cox, and I agree fully with his
reasoning and conclusion.
2. The question in this appeal concerns an employer’s vicarious liability in tort
for an assault carried out by an employee. It is a subject which has troubled the courts on numerous occasions and the case law is not entirely consistent. In addressing the issues which it raises, it will be necessary to examine how the law in this area has developed, what stage it has reached and whether it is in need of significant change.
Facts
3. In this case the victim was a customer. I will call him the claimant although he sadly died from an illness unrelated to his claim before his appeal was heard by this court. The respondent company is a well known operator of a chain of supermarkets. It has premises in Small Heath, Birmingham, which include a petrol station. The petrol station has a kiosk with the usual display of goods and a counter
where customers pay for their purchases. One of the company’s employees was Mr
Amjid Khan. His job was to see that the petrol pumps and the kiosk were kept in good running order and to serve customers.
4. The claimant was of Somali origin. On the morning of 15 March 2008 he was on his way to take part with other members of his community in an event in London.…
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- Case
- [2016] UKSC 11
- Decision Date
CaseChat Overview and Summary
The final orders of the court were that the appeal would be allowed, and the respondent (the employer) would be held vicariously liable for the employee's assault on the claimant (the customer). The claimant's appeal was therefore successful.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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