Everett and another v Comojo (UK) Ltd t/a The Metropolitan and others [2011] EWCA Civ 13, [2011] All ER (D) 106 (Jan)
Court of Appeal, Civil Division, Rix, Smith and Richards LJJ,
18 Jan 2011
Management of a nightclub owe a duty of care in respect of the actions of third parties on the premises, to the extent that it is fair, just and reasonable.
Simon Butler and Johnathan Payne (instructed by Stone Rowe Brewer LLP) for the claimants. Lord Faulks QC and Quintin Tudor-Evans (instructed by Barlow Lyde & Gilbert LLP) for the defendant.
The claimants were guests at a nightclub, which was managed by the defendant. Use of the nightclub was restricted to members and their guests, save that residents of the hotel, of which it was a part, were also permitted to use it. During the evening, a fracas occurred in which the claimants were stabbed. They brought proceedings against the defendant, alleging that it had failed to take appropriate steps to protect its guests. The issue arose as to whether the defendant owed a duty of care to the claimants.
