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The Journey Continues - Henrietta Hughes

24/05/17. In Mohamudv William Morrison Supermarkets Plc [2016] AC 677, the Supreme Court declined the opportunity to broaden the test for vicarious liability. Fletcher v Chancery Supplies Ltd [2016] EWCA Civ 1112, a case involving a collision, sees the application of Mohamud.

The facts of Fletcher are as follows. On 18th June 2011 at around 12:45 the claimant, a police officer, was riding an electric power-assisted police mountain bike along a cycle lane of the eastbound carriageway of Liverpool Rd, Eccles. Mr Derek Traynor was crossing the road on foot whilst the traffic in the carriageway was slow moving or stationary. Mr Traynor emerged from behind a transit van and collided with the claimant in the cycle lane. The claimant fell to the floor and sustained injury.

At the time of the incident Mr Traynor was employed by PBT Builders, the trading name of the defendant. They owned a shop at 432 Liverpool Rd, the same side as the cycle lane, as well as an office at 405 Liverpool Rd, on the opposite side...

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