Mattis v Pollock

Mattis v Pollock [2003] 1 WLR 2158 is an English tort law case, establishing an employer's vicarious liability for assault, even where it may be intentional or pre-meditated.

Previously, judges had been unwilling to impose liability where assaults were motivated by revenge or vengeance;[1] it was established however that following the decision of Lister v Hesley Hall Ltd,[2] that where an assault is closely linked to the duties of an employee, the employer should be held vicariously liable.

However, he was encouraged and expected to perform his duties in an aggressive and intimidatory manner, which included manhandling customers.

The reality was the defendant should not have been employing the particular doorman at all, and certainly should not have been encouraging him to perform his duties as he did[10] The Court of Appeal rejected this, with Judge LJ stating: The stabbing of Mr Mattis represented the unfortunate, and virtual culmination of the unpleasant incident which had started within the club, and could not fairly and justly be treated in isolation from earlier events, or as a separate and distinct incident.

Even allowing that Cranston's behaviour included an important element of personal revenge, approaching the matter broadly, at the moment when Mr Mattis was stabbed, the responsibility of Mr Pollock for the actions of his aggressive doorman was not extinguished.