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

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Company Not Vicariously Liable Where Claimant Authorised Defendant's Employee to Use Car:Ouseley J. held that on the evidence it was not remotely likely that the Defendant would have given the son of the Claimant's fellow employee permission to drive its car. The Claimant had acted out of character by authorising the driver to drive the company car that night; the Court did not accept the Claimant's contention that the Defendant must have known they were taking the car. Accordingly, the Defendant was not liable to the Claimant for the negligence of the driver.

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