Burger (Appellant) v J D Wetherspoon PLC (Respondent)

Wednesday 10 June 2026 Before Lord Justice Bean, Vice President of the Court of Appeal Civil Division Lord Justice Newey Lord Justice Jeremy Baker By appellant’s notice filed on 10 June 2025 the Appellant appeals an order of the High Court dated 23 May 2025. The claimant was assaulted on 5 August 2018 by security guards employed by Risk Solutions, engaged by the Respondent. The Appellant obtained default judgment against Risk Solutions and succeeded at trial, with the Recorder finding the Respondent vicariously liable and awarding £188,698.24. On appeal, the High Court overturned the finding of vicarious liability, holding the security guards were independent contractors and the relationship was not akin to employment. The appeal was allowed on liability but dismissed as to damages.