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Michael Lemmy successfully resisted a significant claim

9th October 2023

Michael Lemmy successfully resisted a significant claim for damages for a loss of sight occasioned by a firework going off in the Claimant’s face.  The court held that the Claimant, a pub customer who was holding a fire work display in the beer garden, was not the Defendant’s employee – his position was more akin to an independent contractor: He had full control of what was to be done and the manner in which it was to be done.  Further, the court held there was no other basis for a duty of care in the circumstances of this case.  The judgment, attached, includes a useful summary of the relevant principles for deciding when someone is to be regarded as an employee.


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