• Robert Spicer

Vicarious liability: assault by subcontractor: employment status

VICARIOUS LIABILITY

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.

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