Latest news with #RiskSolutions
Yahoo
21-05-2025
- Yahoo
Pub not liable for injuries door staff caused
JD Wetherspoon is not responsible for injuries a man sustained when two security guards restrained him at a Surrey pub, the High Court has ruled. A lower court awarded Stephanus Bernardus Burger over £71,000 in damages in 2023 after finding the pub chain was vicariously liable for his injuries, sustained at The Rodboro Buildings in Guildford in 2018. JD Wetherspoon challenged the decision, saying the security guards' employer Risk Solutions BG Limited is an independent contractor. In a ruling on Wednesday, Mr Justice Sweeting ruled the original judge was wrong to find the pub company liable for the actions of the door staff. "The fact that security is integral to the operation of a pub or that the security staff have to co-operate with other staff does not transform the relationship with an external security provider into one akin to employment," the judge said. He did not state whether or not JD Wetherspoon would have to pay damages as a result of his ruling. The High Court heard in March that Mr Burger required emergency surgery and a three-night hospital stay after the incident. Mr Burger's barrister Lia Moses said in written submissions that door staff "engaged with and refused entry to Mr Burger" during the incident, with the judge finding "that two guards jumped on Mr Burger's back". Ms Moses added that JD Wetherspoon should be held "jointly vicariously liable" and that the security guards' relationship with the company was "akin to employment". Johnathan Payne, for the pub chain, said in written submissions that the lower court found it was "an unprovoked and cowardly attack on a man walking away from the pub" and "a vendetta for Mr Burger's rude and insulting behaviour". But he told the court that JD Wetherspoon and Risk Solutions were "totally separate businesses and operating in that capacity", and that the former "had no control and took no part in what happened". Risk Solutions was not represented at the hearing. Follow BBC Surrey on Facebook, on X, and on Instagram. Send your story ideas to southeasttoday@ or WhatsApp us on 08081 002250. Pub not liable for £71k injury payout, court told HM Courts & Tribunals Service
BBC News
21-05-2025
- BBC News
JD Wetherspoon not liable for injuries security in Guildford caused
JD Wetherspoon is not responsible for injuries a man sustained when two security guards restrained him at a Surrey pub, the High Court has ruled.A lower court awarded Stephanus Bernardus Burger over £71,000 in damages in 2023 after finding the pub chain was vicariously liable for his injuries, sustained at The Rodboro Buildings in Guildford in Wetherspoon challenged the decision, saying the security guards' employer Risk Solutions BG Limited is an independent a ruling on Wednesday, Mr Justice Sweeting ruled the original judge was wrong to find the pub company liable for the actions of the door staff. "The fact that security is integral to the operation of a pub or that the security staff have to co-operate with other staff does not transform the relationship with an external security provider into one akin to employment," the judge did not state whether or not JD Wetherspoon would have to pay damages as a result of his ruling. The High Court heard in March that Mr Burger required emergency surgery and a three-night hospital stay after the Burger's barrister Lia Moses said in written submissions that door staff "engaged with and refused entry to Mr Burger" during the incident, with the judge finding "that two guards jumped on Mr Burger's back".Ms Moses added that JD Wetherspoon should be held "jointly vicariously liable" and that the security guards' relationship with the company was "akin to employment". Johnathan Payne, for the pub chain, said in written submissions that the lower court found it was "an unprovoked and cowardly attack on a man walking away from the pub" and "a vendetta for Mr Burger's rude and insulting behaviour".But he told the court that JD Wetherspoon and Risk Solutions were "totally separate businesses and operating in that capacity", and that the former "had no control and took no part in what happened".Risk Solutions was not represented at the hearing.
Yahoo
04-03-2025
- Yahoo
Pub not liable for £71k injury payout, court told
Pub chain JD Wetherspoon should not have been made to pay £71,000 to a man whose hip was dislocated as he was restrained by two security guards, the High Court has heard. Stephanus Bernardus Burger needed emergency surgery after the incident at The Rodboro Buildings in Guildford, Surrey, in August 2018, a hearing in London was told. In September 2023, a judge awarded Mr Burger damages after finding the company "vicariously liable" despite the security guards being employed by Risk Solutions BG Ltd. JD Wetherspoon (JDW) is challenging the ruling, with its lawyers telling the hearing that the judge "fell into error" in his decision and that Risk Solutions was a "true independent contractor". In written submissions, Jonathan Payne, for JDW, said: "The training by Risk Solutions informed exactly how they (the security guards) performed their task and for which JDW had absolutely no input. "On the night in question, JDW had no control and took no part in what happened." Mr Payne told the court in written submissions that Mr Burger had attended the pub with two friends on the night of the incident but was refused entry. He said the judge in 2023 found Mr Burger was walking away from the pub when one of the security guards jumped towards him with his knee or leg, connecting with his back and causing him to land face down. Mr Payne said the judge found it was "an unprovoked and cowardly attack on a man walking away from the pub", which was "a vendetta for Mr Burger's rude and insulting behaviour". Risk Solutions was not represented at the hearing. Lia Moses, for Mr Burger, told the court in written submissions that the relationship between JDW and the security staff was "akin to employment". She said: "Mr Burger's primary case is that (the judge) did not err in relation to his treatment of these matters, taking into account the evidence that was available." She added that the finding that Mr Burger should be awarded the costs of private treatment is not "rationally insupportable". Mr Justice Sweeting is expected to hand down a judgment in writing at a later date. Additional reporting by PA Media. Follow BBC Surrey on Facebook, on X. Send your story ideas to southeasttoday@ or WhatsApp us on 08081 002250. HM Courts & Tribunals Service
