This can be distinguished from Payling v Naylor, The Times, 2 June 2004 (Court of Appeal). Here, the claimant suffered serious head injuries after being ejected from the defendant’s nightclub by a doorman employed by a security firm. The claimant alleged that the defendant had breached his duty by failing to ensure that the firm had public liability insurance cover. The claim failed on the basis that the defendant was not obliged to check the contractor’s insurance position as a necessary or even just a prudent means of assessing his competence.