Smith v Skanska Construction Services Ltd [2008] EWHC 1776 (QB) (29 July 2008)

Smith v Skanska Construction Services Ltd [2008] EWHC 1776 (QB) (29 July 2008)

The Defendant is not vicariously liable for Paul Andrew's negligent driving because Paul was not acting as the Defendant's agent or with its authority at the material time. Mr McIntyre, the only person with authority to permit use of the Toyota 2L, did not give such permission. The Defendant's subsequent insurance claims handling did not amount to ratification or adoption of the unauthorised use. The Claimant was contributorily negligent for knowingly allowing an unfit driver to drive and for not wearing a seatbelt.

Citation
[2008] EWHC 1776 (QB)
Parties
Claimant: Peter Smith; Defendant: Skanska Construction Services Ltd
Jurisdiction
England and Wales
Judgment Date
29 July 2008
Procedural Posture
Personal Injury/vicarious Liability / Retrial After Court of Appeal Ordered New Trial Due to Apparent Bias
Outcome
Claim dismissed
Legal Topics
Vicarious Liability, Employer's Liability, Agency, Motor Insurance, Contributory Negligence
Tort Law Employment Law Insurance Law Vicarious Liability Employer's Liability Agency Motor Insurance Contributory Negligence

Case Brief

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Parties

Peter Smith

Claimant

Skanska Construction Services Ltd

Defendant

Procedural Posture

Personal Injury/vicarious Liability / Retrial After Court of Appeal Ordered New Trial Due to Apparent Bias

Legal Issues

  1. 1 Whether the Defendant is vicariously liable for the negligent driving of Paul Andrew, a non-employee, under agency principles
  2. 2 Whether Paul Andrew was driving with the Defendant's authority or consent
  3. 3 Whether the Defendant ratified or adopted the unauthorised use of the vehicle post-accident

Ratio Decidendi

The Defendant is not vicariously liable for Paul Andrew's negligent driving because Paul was not acting as the Defendant's agent or with its authority at the material time. Mr McIntyre, the only person with authority to permit use of the Toyota 2L, did not give such permission. The Defendant's subsequent insurance claims handling did not amount to ratification or adoption of the unauthorised use. The Claimant was contributorily negligent for knowingly allowing an unfit driver to drive and for not wearing a seatbelt.

Court Disposition

Claim dismissed

Orders

  • Claim for damages against the Defendant dismissed
  • No order as to damages payable by the Defendant