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England and Wales High Court (Queen's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Al-Najar & Ors v The Cumberland Hotel (London) Ltd [2019] EWHC 1593 (QB) (21 June 2019) URL: http://www.bailii.org/ew/cases/EWHC/QB/2019/1593.html Cite as: [2019] WLR 5953, [2019] WLR(D) 354, [2019] EWHC 1593 (QB), [2019] 1 WLR 5953 |
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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(1) Ohoud Al-Najar (a protected party by her litigation friend Khadia Al-Mulla) (2) Khaloud Al-Najar (3) Fatima Al-Najar (4) Dhabia Al-Muhairi (5) Saif Saeed Al-Muhairi (6) Shaikha Saeed Al-Muhairi (7) Nora Al-Mazroui (a child by her litigation friend Khaloud Al-Najar) (8) Saeed Khafalan Al-Mazrouia (a child by her litigation friend Khaloud Al-Najar) (9) Fatima Al-Mazroui (a child by her litigation friend Khaloud Al-Najar) |
Claimants |
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- and - |
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The Cumberland Hotel (London) Limited |
Defendant |
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Neil Block QC and Camilla Church (instructed by DWF Law LLP) for the Defendant
Hearing dates: 7, 9, 10, 13, 14, 15, 16, 17, 21 and 22 May 2019
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Crown Copyright ©
Mr Justice Dingemans:
Introduction
Issues
The evidence
The hotel
CCTV cameras
The area around the hotel
Guests in the hotel
The security personnel
The brand standards and training documents
The lobby security officer
The Duty Security Officer and patrols
The Back of House Security officer
Other hotel staff
Food in the guest corridors
Some relevant previous incidents at the hotel
The proposal for lift access and other proposals
Reported problems with the Onity lock
Work on fire riser doors in February 2014
Mr Spence, previous visits to the hotel and his evening
The arrival of Ohoud, Khaloud and Fatima and the family
Events on 3 and 4 April 2014
The arrival of Fatima and Ali and events on 5 and 6 April 2014 leading up to the attack
The attack
The aftermath
Further incidents after the attack
Further security after the attack
The expert evidence
Duty extends to take reasonable steps to prevent attack of this nature (issue 1)
No new intervening event to break the chain of causation (issue 2)
Criminal attack by Mr Spence reasonably foreseeable (issue 3)
No breach of duty (issue 4)
Causation (issue 5)
Contributory negligence (issue 6)
Conclusion