An owner-driver of a prime mover engaged by a haulage company on a job-by-job basis, who has significant capital investment and is recognised as running his own business, is an independent contractor notwithstanding exclusive engagement and the company's organisational control. A haulage company owes a Stevens-type duty of care to owner-drivers engaged in interdependent activities, but does not breach that duty by failing to instruct experienced operators on basic techniques such as loosening chains. A commercial vehicle insurance policy covering a prime mover does not respond to an accident caused by the insured's negligence in handling equipment on separately-owned rolling stock where the prime mover was stationary with its engine off and played only a historical role in the accident. The question whether 'deemed employment' under Schedule 1, cl 2(1) of the Workplace Injury Management and Workers Compensation Act 1998 extends to common law claims was left open.
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