• Robert Spicer

Vicarious liability: assault by subcontractor: employment status


Assault by subcontractor

Employment relationship

Case Kafagi v. JBW Group Ltd [2018] EWCA Civ 1157, Court of Appeal

Facts K alleged that he had been assaulted by two bailiffs who were collecting a debt. The bailiffs had been subcontracted by JBW. K claimed compensation from JBW on the basis of vicarious liability. The county court dismissed the claim, ruling that the bailiffs were self-employed. K appealed to the Court of Appeal.

Decision 1. The appeal was dismissed.

  1. There was no relationship akin to employment. The bailiffs ran their own business. They could turn down work from JBW and could collect debts in any legal way they thought fit. They were not integrated into the business of JBW.

3 views0 comments

Recent Posts

See All

Limitation Case TVZ v Manchester City Football Club Ltd [2022] EWHC 7, Hugh Court Facts Eight men who had been sexually abused by a football coach in the 1980s claimed compensation in negligence fro

Civil proceedings Until 1948 the Crown could not be made a party to a civil action. This was an offshoot of the principle of sovereign immunity. The Crown Proceedings Act 1947 changed this rule. The C

Recent examples In June 2018 prison officers were taking part in a petrol bomb training exercise. This was part of an eight-day commanders course at the National Tactical Response Group training facil