C
Connie Berry
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Sep 15, 2026
Burger v JD Wetherspoon plc - vicarious liability for assault
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Emma BurroughsHOST
So before we dive into the decision, Connie, it might be useful to have a quick summary of the facts.

Connie BerryGUEST
So Mr. Berger, in August 2018, was assaulted by two doormen, uh, door supervisors at a Wetherspoon's pub.

Connie BerryGUEST
The doormen were employees of a company called Risk Solutions, who were engaged by Wetherspoon's to provide door security at the pub.

Connie BerryGUEST
And the contract between, uh, Wetherspoon's and Risk Solutions was a commercial contract to provide services and made clear that the doormen were authorized to restrain customers to use reasonable force only where lawful.

Connie BerryGUEST
It said that Risk Solutions would be responsible for the direction, management, and control of their employees and expressly agreed that Wetherspoon's was not responsible for that.

Connie BerryGUEST
However, Wetherspoon's did have power to request r- uh, removal of a doorman in the event of a breach of agreement, but not a right to hire or fire them.

Emma BurroughsHOST
So I suppose it might be useful to explain the case law underpinning that position first.