Stefan knew that Rosie and Hank were both members of a biker group, and that members of the group had been involved in some previous episodes of disorder in other pubs in the area. Stefan did not normally employ security staff, but, on this occasion, he thought it would be necessary.

He contacted a local agency, Door Security Solutions (DSS), and contracted with DSS for them to supply a suitably qualified licensed doorman to ensure security at the function. Stefan paid DSS a lump sum for this in advance. The contract with DSS provided that the person supplied would be ‘fully trained and experienced, and properly instructed by DSS in all matters relating to public house security’ but that Stefan ‘may direct the person supplied as to operational matters for the duration of the engagement’.

Gary, who works full-time for DSS, was the doorman supplied by DSS. Stefan told him to ensure that there was no disorder in the function room and to control admission to the function room, which has a separate entrance. Only people with invitations were to be allowed in. Stefan also told Gary to keep the bikers away from the other parts of the public house, as he was worried that there may be trouble between them and his ordinary customers.

During the evening Sean, a biker, arrived. He had been invited to the evening party but had forgotten his invitation. Gary refused to allow Sean into the function room. Sean initially walked away, but then turned, walked towards Gary waving his fists and shouted, ‘If this weren’t a wedding do, I’d break you!’ He then walked towards the main entrance to the public house. Gary ran after him and stood in the doorway, blocking his way. Gary said, ‘We don’t let you lot in here. Get out of here.’

Sean tried to push past Gary, at which point Gary punched Sean hard in the face, knocking him out. Gary then dragged Sean into a storeroom, locked the door and immediately called the police to say that he had arrested a troublemaker.

Thirty minutes later Gary went to check on Sean. He was still unconscious, and Gary kicked him in the ribs to wake him up.

When the police arrived, they made enquiries and decided that Sean had not committed any criminal offence.

Advise Sean both as a tortfeasor and a victim of tortious behaviour.