Robbery victim gets pay-out

The case was heard at the Court of Session

An off-licence manager who suffered post traumatic stress disorder after her branch was robbed at knife-point has received £179,000 in compensation.

Jacqueline Collins, 37, claimed that Victoria Wine ignored her repeated calls to improve security before the incident.

A judge said the firm's decision not to have more staff on duty at its former store in Slateford Road, Edinburgh, had been based on economic considerations rather than staff safety.

The employment of two members of staff in premises where physical attacks might be anticipated is a step which materially reduces the risk of such an attack

Lord Carloway

"Had there been double manning this robbery would probably not have occurred," said Lord Carloway at the Court of Session.

"I am satisfied that the firm's failure to take reasonable care and introduce double manning materially increased the risk of a robbery of this type, and indeed of other forms of violence, occurring."

Miss Collins, of Ravelston, Edinburgh, had a knife pressed to her throat during the robbery in June 1998.

She told the court that she thought she was going to be killed by the masked raiders.

Protection from attack

During the robbery she was thrown against shelves and pushed down into a cellar where the safe was kept.

Miss Collins sued First Quench Retailing Ltd, which took over the Victoria Wine chain, for failing to provide her with adequate protection from attack.

She said there had been five robberies at the Slateford Road shop in previous years.

Miss Collins worked in an off-licence

After she became branch manager in 1997 Miss Collins requested better security, including double manning and screens.

The firm contested liability. It argued that the shop was not in a "high risk" area and did not suffer a significantly higher rate of incidents than other branches in Edinburgh.

However, Lord Carloway said physical violence against staff should have been anticipated at the store.

The judge accepted police evidence that premises where women worked alone were more vulnerable to attack.

He said: "I gained the impression from the firm's evidence that their policy on double manning had little to do with the safety of their staff, but was based on economic considerations.

Reasonable care

"I am of the view that the employment of two members of staff in premises where physical attacks might be anticipated is a step which materially reduces the risk of such an attack, including a robbery.

"The defender's (the firm) insistence that the pursuer (Miss Collins) work alone in this shop was a breach of their duty to take reasonable care for her safety."

Miss Collins was unable to return to work because she feared a repeat of the robbery.

She was reluctant to leave her house because of fears that those members of the gang who were not caught might be after her.

She also suffered post traumatic stress disorder and underwent counselling.