Interlink Express Parcels Ltd v Night Trunkers Ltd & Anor [2001] EWCA Civ 360 (14 March 2001)

Interlink Express Parcels Ltd v Night Trunkers Ltd & Anor [2001] EWCA Civ 360 (14 March 2001)

The drivers supplied by Night Trunkers to Interlink were not 'servants' or 'agents' of Interlink within the meaning of section 58(2) of the Goods Vehicles (Licensing of Operators) Act 1995. The drivers remained employees of Night Trunkers, and there was no legal transfer of employment or agency relationship with Interlink. Therefore, the agreement was void and unenforceable as its performance would necessarily involve contravention of section 2 of the 1995 Act.

Citation
[2001] EWCA Civ 360
Parties
Respondent: Interlink Express Parcels Ltd; Appellant: Night Trunkers Ltd & Anr
Jurisdiction
England and Wales
Judgment Date
14 March 2001
Procedural Posture
Appeal From High Court (chancery Division) on Preliminary Issue / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Operator's Licence Requirements, Vicarious Liability, Employment Status, Illegality of Contract, Agency Relationships
Transport Law Employment Law Contract Law Operator's Licence Requirements Vicarious Liability Employment Status Illegality of Contract Agency Relationships

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Parties

Interlink Express Parcels Ltd

Respondent

Night Trunkers Ltd & Anr

Appellant

Procedural Posture

Appeal From High Court (chancery Division) on Preliminary Issue / Court of Appeal Judgment

Legal Issues

  1. 1 Whether drivers supplied by Night Trunkers to Interlink were 'servants' or 'agents' of Interlink for the purposes of section 58(2) of the Goods Vehicles (Licensing of Operators) Act 1995
  2. 2 Whether the agreement between Night Trunkers and Interlink was void for illegality under section 2 of the 1995 Act

Ratio Decidendi

The drivers supplied by Night Trunkers to Interlink were not 'servants' or 'agents' of Interlink within the meaning of section 58(2) of the Goods Vehicles (Licensing of Operators) Act 1995. The drivers remained employees of Night Trunkers, and there was no legal transfer of employment or agency relationship with Interlink. Therefore, the agreement was void and unenforceable as its performance would necessarily involve contravention of section 2 of the 1995 Act.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the agreement dated 1 May 1998 is void, unenforceable and of no effect