Business efficacy test CASES

Lady justice with law books

Stark v Post Office [2000] EWCA Civ 64

A postman was injured by a negligent and uninsured cyclist while on duty. The court ruled that his employer, the Post Office, did not have an implied contractual duty to provide insurance cover for employees injured by a third party's negligence. Facts The claimant, Mr Stark, a postman employed by the Post Office, was struck and injured by a cyclist whilst on his delivery round. The cyclist was at fault but was uninsured and had no financial means to satisfy a judgment against him. Mr Stark suffered significant loss, including general damages for pain and suffering and special damages for