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Vicarious Liability: The Close Connection Test is Alive and Well - Jonathan Dale, 18 St John Street Chambers

18/01/17. In Fletcher v Chancery Supplies Limited [2016] EWCA Civ 1112 the Court of Appeal considered the issue of vicarious liability in a case in which the employee had not given evidence at the trial and none of the witnesses called at the trial knew why the employee was crossing a road when the accident occurred.

Facts

The Claimant, a police officer, was riding a police mountain bike along a cycle lane on Liverpool Road in Eccles. The traffic on the road was stationary. T, who was crossing the road on foot, emerged from behind a transit van and stepped into the path of the Claimant. A collision occurred and the Claimant suffered injuries including a ruptured anterior cruciate ligament...

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