References: [1980] RTR 139
Coram: Waller LJ, Park J
Ratio: Employers were alleged to have caused or permitted an employee to drive a vehicle on the road while not holding a driving licence authorising him to do so. When the employee had entered the employment, the employers had ensured that he held a valid driving licence but it was not their practice to check thereafter that employees renewed their driving licences.
Held: the appeal was dismissed. The employer ‘had failed to adopt any system with a view to ensuring that reasonable checks were made’.
Statutes: Road Traffic Act 1972 84(2)
This case cites:
- Applied – Baugh v Crago QBD ([1975] RTR 453)
The defendant believed that a driver was the holder of a driving licence and permitted him to use the vehicle, when the driver was not in fact such a holder. The prosecutor appealed his acquittal.
Held: Considering Newbury v Davis. The . . - Cited – Newbury v Davis QBD ([1974] RTR 367)
The owner of a vehicle agreed to lend it to someone else on condition that that person insured against third party risks. In the owner’s absence, that person drove the car on a road without insurance.
Held: The appeal against conviction was . .
(This list may be incomplete)
This case is cited by:
- Cited – Philip Owen Lloyd-Wolper v Robert Moore; National Insurance Guarantee Corporation Plc, Charles Moore CA (Bailii, [2004] EWCA Civ 766, Times 06-Aug-04, [2004] 3 All ER 741, [2004] 1 WLR 2350)
The first defendant drove a car belonging to his father and insured by his father. The father consented to the driving but under a mistaken belief that his son was licensed. The claimant was injured by the defendant in a road traffic accident.
(This list may be incomplete)
Last Update: 30 April 2018
Ref: 199927
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