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When Christmas drinks go wrong – Vicarious liability and the 'course of employment' test in the High Court
Posted on January 16, 2017 January 10, 2017 by legalresearch
By Prof Paula Giliker, Professor in Comparative Law (University of Bristol Law School).
The office Christmas party is something many of us will have enjoyed recently. In the words of Judge Cotter QC in the recent High Court decision in Bellman v Northampton Recruitment Ltd [2016] EWHC 3104 (QB), it is an occasion "no doubted dreaded by some and an annual highlight for others" (para 14). Needless to say, in most cases, alcohol will be freely flowing and sadly things may be said or done regretted bitterly the next day.
In the case of the Northampton Recruitment Ltd 2011 Christmas party, it was not the party itself (held at the Collingtree Golf Club) which proved eventful, but the "after party" held in the lobby of the Collingtree Hilton Hotel in the course of which the managing director of the company, John Major, punched an employee (Clive Bellman) twice during the course of a disagreement at 3am. Mr Bellman's head hit the marble floor, leading to brain damage. By the time of the trial, his condition was such that he was not able to litigate or manage his affairs and brought his claim as a protected party. To add to the tragedy, the parties in question had been friends since childhood. The assault, no doubt fuelled by alcohol, had been provoked by a work-related dispute, although discussions at the Hilton Bar had covered a variety of matters. The question for the court was whether the company would be held vicariously liable for the tort of its managing director.
Vicarious liability holds an employer strictly liable for the torts of its employees, but will only arise where an employee (here Major) commits a tort (battery) "in the course of his employment". Recent case-law has interpreted the test for course of employment broadly. Lord Toulson in the leading case of Mohamud v Wm Morrison Supermarkets Plc [2016] UKSC 11; [2016] A.C. 677 at paras 44-45 stated that the court should consider two matters:
What are the functions or "field of activities" entrusted by the employer to the employee, or, in everyday language, what was the nature of his job?
Is there a sufficient connection between the position in which the employee was employed and his wrongful conduct to make it right for the employer to be held liable under the principle of social justice?
In Mohamud (previously discussed here), an assault by a petrol kiosk attendant on a customer was deemed "in the course of employment". The Supreme Court found that it was closely connected to Khan's job to attend to customers and answer their inquiries, albeit performed in a foul-mouthed and violent manner. It did not matter that the attendant had left his kiosk and followed Mr Mohamud out onto the petrol station forecourt and then assaulted him – it was a seamless episode (para 47). Lord Toulson contrasted Mohamud with the earlier case of Warren v Henlys Ltd [1948] 2 All E.R. 935. Here the attack by a petrol attendant on a customer had not been found to be "in the course of his employment". In Warren, there had been a dispute between the petrol attendant and a customer. The customer had paid for his petrol and left, but then approached a police officer and returned with the officer to the petrol station. Dissatisfied with the officer's intervention, the customer told the attendant that he would report him to his employer, whereupon the attendant punched the customer in the face, knocking him to the ground. In the view of Lord Toulson, by the time that the assault happened, the customer's business with the petrol station had ended. The test was one of close connection and while it existed in Mohamud, it did not in Warren.
This subtle distinction – criticised by a number of commentators such as Phillip Morgan ([2016] C.L.J. 202 at 205) and Andrew J Bell ((2016) 32 P.N. 153 at 157) who argue that it is far too subtle – was raised again in the Bellman case. The judge drew a distinction between actions occurring during the Christmas party itself – considered an incidental benefit of employment – and any subsequent informal gathering. At the party, Major would be acting in the course of employment- it was an occasion to motivate his fellow workers and it was part of his job to oversee its smooth running and maintain his managerial authority. Matters changed, however, when the employees left the organised work social event and gathered informally for late night drinks. No-one had been obliged to attend and the judge refused to treat a "spontaneous post event drink at the hotel" as a seamless extension of the Christmas party.
There was a temporal and a substantive difference between the Christmas party at the Golf Club and the drinks at the Hilton Hotel. It did not matter (in the judge's view) whether the taxis back to the hotel were organised and probably paid for by the company in that the employees had all expected that their employer would pick up the tab for the taxis home at the end of the evening. Equally the fact that the assault was triggered by a work-related dispute did not, in his mind, have the effect in itself of changing a conversation or interaction between fellow workers into something in the course of employment, regardless of the surrounding circumstances. If this were so, he argued, any mention of work during a game of golf between work mates could arguably provide a "close connection" for any assault which later took place. In the words of the judge:
Standing back and considering matters broadly, what was taking place at 3.00 a.m. at the hotel was a drunken discussion that rose after a personal choice to have yet further alcohol long after a works event had ended … That [the conversation] veered into a discussion about work cannot provide a sufficient connection to support a finding of vicarious liability against the company that employed them. It was, or without any doubt became, an entirely independent, voluntary, and discreet early hours drinking session of a very different nature to the Christmas party and unconnected with the Defendant's business. To use a hackneyed expression akin to "a frolic" of their own (para 80).
It is submitted that the case itself was not so straightforward. Indeed, the judgment in Bellman demonstrates, once again, that despite numerous trips to the Supreme Court, the "course of employment" test remains difficult to apply in practice. As the judge acknowledged, the test is fact dependent and issues here such as the fact that the assault was triggered by a workplace dispute, the company was still paying for taxis and (to a certain degree) drinks and that it involved a post works-party gathering all render the application of the Mohamud two-stage test stated above less than clear. The judge's reliance on Warren is equally a matter for concern. Vicarious liability, according to Warren, does not arise when you can divide events into two distinct incidents: in that case, the purchase of petrol and the police complaint. The problem with such analysis is that it seems artificial – can the incidents be so easily divided when, in Bellman, the assault was triggered by a work-based dispute and in Warren by a threat to report the employee to his employer for his earlier conduct? Is this consistent with Lord Toulson's broad notion of "field of activities"?
The judge in Bellman concluded that "The rule [of vicarious liability] must have proper boundaries; it is not endless … Sympathy with [Mr Bellman's] position cannot impact upon the proper application of principle" (paras 81-82). I would strongly agree. The problem with the Supreme Court decision in Mohamud is that the lower courts are still struggling to ascertain these boundaries and are unlikely to find much guidance through reference to "social justice". Can an after-party largely funded by the employer really be clearly distinguished from the risks of over-indulgence at a staff Christmas party? Or should employers now think twice before buying drinks at any post-Christmas party events in future? As a lawyer, my instinct would definitely be for the latter. Bellman therefore provides another example of the lack of clarity and predictability inherent in the modern law of vicarious liability. It remains to be seen, bearing in mind the severity of Mr Bellman's injuries, whether this decision will be appealed.
Posted in Bristol ScholarsTagged assault, battery, Bellman, Bellman v Northampton Recruitment Ltd, bodily damage, brain damage, case comment, Christmas party, course of employment, employee, employer, employer's liability, employment law, fact dependency, field of activities, lack of clarity, lack of predictability, managing director, Mohamud, Mohamud v Wm Morrison Supermarkets Plc, Paula Giliker, protected party, social justice, substantive difference, temporal difference, tort law, vicarious liability, Warren, work-related dispute, [2016] EWHC 3104 (QB), [2016] UKSC 11
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Alvas Homoeopathic Medical College, Mangalore Karnataka is a recognised institute / college. Status: Non-Minority. Alvas Homoeopathic Medical College, Mangalore Karnataka is managed by Society: Alvas Education Foundation. Alvas Homoeopathic Medical College, Mangalore Karnataka was established on / in 2005.
Alvas Homoeopathic Medical College is situated in Mangalore of Karnataka state (Province) in India. This data has been provided by www.punjabcolleges.com. Mangalore comes under Mangalore Tehsil, Mangalore District.
Chairman : Dr. M. Mohan Alva (9845303031).
Trust Address : At. Post. Moodbidri - 574227 D.K.
Alvas Homoeopathic Medical College, Mangalore Karnataka runs course(s) in Homoeopathic stream(s).
Summary: Alvas Homoeopathic Medical College, Mangalore Karnataka website, mobile, contact address and approval / recognition details.


What could possibly be hotter than Jeska by the pool in a super revealing string bikini? How about adding a little baby oil to that equation? Jeska knows that her hot body looks even better when it's slick with oil, and if that bikini of hers happens to come off during the application, so much the better!


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Home » USA Online Casino News » Vegas and Atlantic City Casinos Halt Sportsbooks in Honor of Kobe Bryant's Passing
Vegas and Atlantic City Casinos Halt Sportsbooks in Honor of Kobe Bryant's Passing
Sportsbook operators Circa Sports Las Vegas and Atlantic City's Resorts Casino are among the casinos to halt NBA betting temporarily to honor the passing of Kobe Bryant. NBA legend Kobe Bryant died Sunday morning in a helicopter crash near Calabasas, CA. The retired basketball legend was the 4th-leading all-time scorer in the NBA and was 41 when he passed away this past weekend.
When news of the helicopter crash hit social media, there was a huge wave of speculation and uncertainty over the details of the incident. It took some time to confirm the tragic news that the SikorskyS-76 helicopter that crashed took the lives of nine people, including Kobe Bryant and his 13-year-old daughter, Gianna.
Once the news was confirmed, some sportsbooks decided to close all NBA bets for the day out of respect. Circa Sports in Las Vegas and Resorts Casino in Atlantic City were the first to announce the temporary betting ban via social media.
"For everyone asking, yes, our NBA betting menu is closed for the remainder of the day and will reopen tomorrow at 8am," @CircaSports tweeted yesterday.
Circa's tweet was soon followed by a similar announcement by Resorts Casino Atlantic City: "Due to the unfortunate loss of NBA legend, Kobe Bryant, we are paying our respects by closing all NBA markets for the evening – we will reopen these markets at 9am tomorrow morning," @ResortsCasinoNJ tweeted.
Las Vegas is famous for dramatic demonstrations of respect to famous people at their passing. Over the years, the city has dimmed the lights on the Strip in memory of passing stars and legends like the Rat Pack (Frank Sinatra, Dean Martin, and Sammy Davis Jr.), Elvis, and others.
The Passing of a Legend
Kobe Bryant played with the Los Angeles Lakers for his entire 20-year career before retiring in 2016. The guard known as "Black Mamba" dominated the NBA for most of his career, breaking almost every record possible.
Bryant was an 18-time All-Star player and two-time NBA Finals MVP who brought inspiration and wisdom to the game. NBA Commissioner Adam Silver made a statement summing up Bryant's contributions to basketball.
"He will be remembered most for inspiring people around the world to pick up a basketball and compete to the very best of their ability," Silver said. "He was generous with the wisdom he acquired and saw it as his mission to share it with future generations of players, taking special delight in passing down his love of the game to Gianna."
No NBA games were cancelled or rescheduled on the day of Kobe Bryant's passing, but players found their own ways to honor Kobe. Some wrote messages on their socks and shoes. During the Spurs/Raptors game, both teams agreed to run down the final 24-second shot clock without shooting to memorialize Lakers number 24, Kobe Bryant.
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https://muckrack.com/jean-carter-4
Jean Carter is from Oakland, California and studied jewelry design at the Fashion Institute of Design and Merchandising in San Francisco, California. After graduation, and pining for a warmer climate, Jean relocated to the Tule Springs suburb of Las Vegas, where she owns and operates her own online jewelry boutique incorporating traditional native American styles with her own unique designs. A true fan of the sophistication and glamor of Las Vegas casino life, Jean is also a freelance blogger specializing in all things suave and fashionable surrounding the casino lifestyle.

redpajama_set_name: RedPajamaCommonCrawl


The Czech Republic is actually the #3 country in the world for solar power per capita. Unfortunately, the feed-in tariff policy that spurred the growth was cut a couple of years ago, and solar has practically been banned from the country since then. Nonetheless, some Czech businessmen and investors must have gotten a first-hand sense for the potential that lies in solar power. So, it's not all that surprising that the Czech group of companies called Ekotechnik Czech is looking to invest a whopping €400 million into some solar power plants in solar-ripe Ukraine.
The power plants will be located in the Khmelnytskyi oblast. They'll have a total power capacity of 160 MW when completed.
Aside from improving the local environment (which I think is the focus) and balancing electricity grid there better (another seeming focus), the projects will create 230 jobs. They are also projected to increase the local jurisdictions' budgets by about $4.4 million (€3.3 million).
Despite its grey weather and less than stellar economy, Ukraine has been on a big solar power run in recent years. It is home to what was for a brief time the largest solar power plant in Europe — the 105-MW Perovo solar park. And it built 20 power plants totaling 270 MW within the past 3 years (including the Perovo solar power plant).


In Service Center in the Security Settings for User or Role, the ability to select in the option eSpaces: the "Download only over all espaces.". In the moment exists only the Read only over all espaces and Full Control over all espaces.
The new security model in LifeTime takes this into consideration.


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