Labour Research February 2005

Law Matters

Nightclub liable for doorman's conduct

A nightclub chain has been held responsible for serious injuries resulting from an attack by a doorman.

Firefighter David Hawley suffered brain damage when doorman Jeffrey Warren, who received a two-year suspended prison sentence, punched him in the face.

Nightclub operators Luminar denied liability on the grounds that Warren was employed by a contractor.

But the High Court found that the club manager had control over what the door staff did and how they did it. This was sufficient for the security staff to be deemed temporary employees, so Luminar was vicariously liable for Warren's injuries.

Hawley's case was backed by the Fire Brigades Union.

Hawley v Luminar Leisure & others [2005] EWHC 5 (QB)