5.9.1 General observations

A number of these cases involve lorries, and it should be noted that a court will only pay much attention to this test if the equipment involved is something that an individual of ordinary means would find very expensive. In the modern world it is unlikely to run to a home computer or a few workmanʼs tools (there is a rather unusual exception concerning a computer – see Lime-IT Ltd v Justin (2002) Sp C 342 at 5.9.8). Where there is no expensive equipment, it does not mean that there is a contract of service; merely that the test is redundant.

Guidance: ESM 0540

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