Personal Injury: Licensee not liable for patrons being shot

In this decision handed down last month, the High Court held that the licensee of a restaurant was not liable for injuries to its patrons arising from the criminal conduct of a third party, in circumstances in which there was no action the licensee could have taken which would, on the balance of probabilities, have prevented that conduct.

Facts

Adeels Palace was a restaurant. On 31 December 2002 a New Years Eve function was held at the restaurant for which an admission fee was charged. There was a band and an area where patrons could dance. In the early hours of 1 January 2003 there was a dispute between two women on the dance floor – one accused the other of brushing her hand with a lit cigarette. Words were exchanged, relatives and friends intervened, fighting erupted and onlookers joined in. Punches, chairs, plates and bottles were thrown and Mr Abbas was hit in the face, drawing blood. Mr Abbas left the restaurant and returned with a gun. He shot Mr Bou