Burger (Appellant) v Risk Solutions BG Limited and another (Respondents)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

UKSC/2026/0109

Parties

Appellant(s)

Stephanus Bernard Burger

Respondent(s)

J D Wetherspoon Plc

Issue

What is the correct application of the principles of (dual) vicarious liability where the tort is committed by an employee of an independent contractor?

Facts

This appeal concerns vicarious liability for an attack on Mr Burger by two security guards working at a Wetherspoons pub in Guildford. Mr Burger suffered a dislocated and fractured hip requiring emergency surgery and several days in hospital. The security guards were employees of Risk Solutions BG Limited, which had contracted with JD Wetherspoon Plc to provide security services for the pub. A default judgment was entered against Risk Solutions BG Limited, but the company had by then been voluntarily wound up. The trial therefore proceeded solely against JD Wetherspoon Plc. After a three-day trial in the County Court in September 2023, the Recorder found in Mr Burger’s favour that JD Wetherspoon Plc was vicariously liable for the guards’ actions. On appeal, the High Court overturned that decision. The Court of Appeal upheld the High Court’s judgment and dismissed Mr Burger’s appeal. Mr Burger now appeals to the Supreme Court.