Summary of Recent Cases – Substantive Law


Duty Of Care Owed By Nightclub In Respect Of Actions Of Third Parties On Premises But Standard Of Care Must Be Just, Fair And Reasonable

Everett & Anor v. Comojo (UK) Ltd (T/A The Metropolitan & Ors), CA, 18/1/11

The Court of Appeal held that relationship between the management of a nightclub and its guests is sufficiently proximate to justify the imposition of a duty of care, as the risk of one guest assaulting another was foreseeable. Whilst there was accordingly a duty of care owed by management of the nightclub for the actions of third parties on its premises, the scope and standard of that duty of care had to be just, fair and reasonable in the circumstances. The Court of Appeal held that as between the nightclub management and its guests, there should not be a higher degree of forseeability than is required pursuant to the Occupiers’ Liability Act 1957.

February 13, 2011 · Editorial Team · Comments Closed
Posted in: Cases