GB v Stoke City Football Club Ltd and Fox [30.10.15]

The Claimant was, during the football seasons of 1986/7 and 1987/8, a youth trainee with the First Defendant. The Second Defendant was employed as the regular first team goalkeeper of the First Defendant. The Claimant alleged that the Second Defendant had subjected him to a practice known as “gloving”, involving anal digital penetration. His Honour Judge Butler dismissed the claim. The Claimant had failed to discharge the burden of proof on him that the alleged assaults occurred. Even if the Claimant had proved his case against the Second Defendant, this would have been deliberate and intentional or reckless conduct involving a serious assault outside the course of employment. The criteria for the imposition of vicarious liability would not have been made out.