The court considered the liability of an employer for a road traffic offence committed by his employee: ‘I am of the view that it is not appropriate to think in terms simply of basing this conviction on vicarious liability. That is a concept which is rarely invoked in the consideration of offences of this character and it is quite clear from the line of authority that the correct approach is to consider whether there is a user of the vehicle by either the driver or the owner of the vehicle or both.’
Judges:
Otton LJ, Newman J
Citations:
Unreported 20 February 1996
Jurisdiction:
England and Wales
Cited by:
Cited – London Borough of Richmond Upon Thames v London Concrete Ltd Admn 13-Dec-2001
The respondent company was acquitted after its vehicle, exceeding the maximum weight, was driven on a restricted street in contravention of the regulations. No unrestricted street allowed access to the destination. The delivery was on the company’s . .
Lists of cited by and citing cases may be incomplete.
Vicarious Liability, Road Traffic
Updated: 21 October 2022; Ref: scu.183473