In a story dating back to 2006 where an innocent firefighter was attacked by a nightclub bouncer in Southend and left brain damaged is now to receive compensation from the Venue owner !

With the support of the Fire Brigades Union (FBU) and its lawyers Thompsons Solicitors, the latest appeals by the insurers and the nightclub owner have been dismissed.

A decision which will have serious implications for the UK’s leisure, security and insurance industry.

The Court of Appeal has upheld a High Court ruling last year that Luminar Leisure is vicariously liable for the actions of a bouncer working at their Chicago Rock Café in Southend, even though he wasn’t directly employed by them.

Both defendants have today agreed to an interim payment of £25,000 between them.

This means that an organisation which employs contract workers may be held responsible for their actions while working on the premises depending on the level of control that they retain. 

The case dates back to August 2000, when David Hawley, then just 30, was out with a group of colleagues from Southend Fire Station.   Following a confrontation with a group of students outside the Chicago Rock Café, he was punched in the face by doorman Jeffrey Warren so hard that he fell to the floor striking his head on the kerb.  As a result of a combination of the punch and hitting the pavement Mr Hawley sustained fractures of the skull, nose and jaw.

David Hawley suffered an injury to the brain which was so bad that a front section had to be removed.   He has since had a metal plate inserted into his head and is due to have further surgery to his face following rhinoplasty.  He now suffers from cognitive impairments including intellect and memory.  In addition he suffers from post traumatic epilepsy, facial pain, headaches and impaired bladder control.

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