Wetherspoons not vicariously liable for actions of door staff, High Court rules

JD Wetherspoon was not responsible for injuries sustained by a man whose hip was dislocated when two security guards restrained him at a Surrey pub, a High Court judge has ruled.

- By LUCY THORNE, CALLUM PARKE PA Law Reporter

A hearing in March heard that Stephanus Bernardus Burger required a three-night stay in hospital after the injury at The Rodboro Buildings in Guildford, on the night of August 4, 2018, which required emergency corrective surgery.

On September 20, 2023, a Central London County Court judge awarded Mr Burger £71,308.67 in damages after finding that JD Wetherspoon (JDW) was vicariously liable despite the security guards being employed by a different company, Risk Solutions BG Limited.

JDW challenged the decision at the High Court, telling a judge that it could not be vicariously liable, while Mr Burger opposed the appeal.

In a ruling on Wednesday, May 21, Mr Justice Sweeting allowed the appeal, stating that the original judge "erred in finding JDW vicariously liable for the actions of the door staff".