In the Court of Appeal Civil Division
Perry v St Agnes Girls' School
St Agnes Girls’ School is a small rural boarding school. It employs three catering staff to cook breakfast, lunch and dinner for the pupils. In December last year, all three catering staff came down with the flu and took a week’s sick leave. The headmistress, Miss Craig, was determined that the girls should continue to eat their dinners in the school. She was particularly concerned that they did not miss their Christmas dinner.
Miss Craig contacted the local pub and suggested that the pub landlords, Mr and Mrs Cooke, provide dinners for the girls. They took pity on the School and signed a short agreement under which they were designated ‘fixed-term contractors’. They were to begin work on 5th December for seven days. They were paid a lump sum based on the hours they worked. They cooked in the school kitchens but brought the fresh ingredients with them. Miss Craig vetted the menus and supervised the service during dinnertime.
On 11 December, Mr and Mrs Cooke prepared Christmas dinner for the pupils. Miss Craig gave the Cookes strict instructions not to include any nuts in the meal. In spite of Miss Craig’s instructions, the Cookes decided to add walnuts to the turkey stuffing. As a result, Miss Perry, a pupil at the School, suffered an allergic reaction to the nuts and spent Christmas in hospital.
Miss Perry took action against St Agnes Girls’ School. At the trial Smith J held that the School was liable on that basis that:
1) The Cookes were employees of the School and therefore the School could be held vicariously liable for their actions;
2) In disobeying Miss Craig’s instructions, the Cookes were not acting on a frolic of their own but in the course of their employment.
St Agnes Girls’ School now appeals on the following grounds:
1) The Cookes were not employees but independent contractors. As a result, the School cannot be vicariously liable for their actions;
2) In disobeying Miss Craig’s direct instructions the Cookes put themselves outside the course of their employment and therefore the School cannot be liable for their actions.
