Simon Butler & Catherine Urquhart report on a novel duty of care
The Met Bar at the Metropolitan Hotel in London’s Park Lane has long been known for attracting celebrity guests, such as supermodel Kate Moss, premier league footballers and soap opera stars. But to lawyers it may now become better known for its role in the creation of that rare beast, a novel duty of care, following the ruling handed down by the Court of Appeal last month in Everett & Anr v Comojo (UK) Ltd t/a The Metropolitan & Ors [2011] EWCA Civ 13, [2011] All ER (D) 106 (Jan).
Damage limitation
In essence this ruling holds that, in certain circumstances, the managers of licensed premises may be liable to their customers for the violent actions of third parties on those premises. Each case will, inevitably, turn on its facts, but it will be a foolish bar manager who does not now ensure that staff are trained to watch out for, and are prepared to deal with, the first signs of trouble, if the management is to protect itself
