Burger v Risk Solutions BG Ltd and another [2026] EWCA Civ 804: Limits on Vicarious Liability for Independent Contractor Staff

In Burger v Risk Solutions BG Ltd and another [2026] EWCA Civ 804, the Court of Appeal has confirmed that a business is not usually vicariously liable for wrongdoing by the employees of a genuine independent contractor.

The claimant suffered a dislocated hip as a result of an incident involving door supervisors at a pub operated by J D Wetherspoon plc (JDW). The supervisors were employed by Risk Solutions BG Ltd (RSBG), an external security provider. After RSBG went into liquidation, the claimant pursued JDW.

The Court of Appeal held that RSBG was operating its own separate business and retained management, direction and control over the door supervisors. Their presence at JDW’s premises did not therefore create a relationship akin to employment.

The court distinguished Hawley v Luminar Leisure Ltd [2006] EWCA Civ 18, where there had been an exceptional and substantial transfer of control over contracted door staff to the venue. That threshold was not met in this case. Instead, RSBG retained management, direction and operational control. Accordingly, JDW was not therefore vicariously liable.