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Litigation Letter

Nightclub's duty of care

Everett and another v Comojo (UK) Ltd (T/A The Metropolitan) and others [2011] EWCA Civ 13 18 Jan; SJ 25 Jan p39

The two claimants were guests at a nightclub which was part of the defendants’ hotel. It was alleged that one of the claimants touched a waitress on the bottom. She did not complain but the incident was witnessed by a member of the nightclub who was aggrieved on her behalf. The waitress was concerned there might be a confrontation and went to speak to the manager. The member had by now been joined by a companion and when the claimants refused to make an apology the companion attacked them both with a knife.

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