Keeping your business moving: three legal and safety issues for operators  

Backhouse Jones looks at three areas where good procedures, clear documentation and early professional advice can help businesses reduce risk, protect their position and avoid costly disruption. 

From managing the risks posed by moving vehicles to dealing with goods-in-transit claims and disputes over commercial vehicles that are not fit for purpose, removals and storage operators face a wide range of legal and operational challenges. 

Item 1: The need for better site safety 

The UK Health and Safety Executive (HSE) has highlighted that incidents involving moving vehicles remain one of the leading causes of fatal and serious injuries in UK workplaces. 
 

According to the latest HSE figures for 2025/26, 24 workers lost their lives after being struck by a moving vehicle. In many cases, they are preventable through effective planning, suitable traffic management and proper training. 

Every employer has a legal duty to ensure that workplace transport activities are managed safely. Simple and practical measures employers can take include: 

These measures should form part of a wider approach to workplace transport safety, rather than being considered in isolation. Employers should ensure that arrangements are appropriate for the vehicles being used, the people operating them and the environment in which they are working. 
 

Regularly reviewing these arrangements can also help identify whether existing controls remain effective and whether any changes to the workplace, vehicles or working practices have introduced new risks. 

The HSE has published a range of free guidance to help employers improve workplace transport safety. Resources cover topics including: 
 

Item 2: Goods in transits claims 

Goods-in-transit claims can arise for a variety of reasons, including damage, loss, theft or delays during transportation. For removal and storage businesses, where operators are entrusted with customers’ personal possessions, dealing with a claim can be particularly sensitive as well as potentially costly. 
 

The starting point is to establish where responsibility lies. Liability will often depend on the terms of the contract, any applicable insurance policies and whether the carriage was subject to conventions such as the Convention on the Contract for the International Carriage of Goods by Road (CMR). 
 

Where a claim is received, operators should preserve all relevant evidence, including delivery notes, photographs, vehicle inspection records, tachograph data and correspondence with the customer. Prompt notification should also be given to insurers where appropriate, as failure to do so may affect cover. 
 

Early legal advice can help determine whether liability can be disputed, whether contractual limitations apply and how best to resolve the matter before costs escalate. 

Item 3: An unsuitable or unreliable commercial vehicle 

“I purchased a commercial vehicle that isn’t fit for purpose – what are my options?” 
 

Purchasing a commercial vehicle is a significant investment for any removals or storage business. Whether it is a van, HGV, box body or specialist removal vehicle, operators need to know that the vehicle will perform the job it was purchased to do. 

 
When a newly purchased vehicle turns out to be unsuitable, unreliable or unable to perform as expected, the consequences can go well beyond the cost of repairs. A vehicle that cannot be used may affect removal schedules, customer commitments, contracts and cash flow. 

 
In a B2B transaction, the legal position will depend on the circumstances of the sale and the terms of the contract. 

Q: What does “fit for purpose” mean?  

In a B2B transaction, a vehicle should generally be capable of carrying out the purpose for which it was supplied. If, before the sale, the seller knew that the vehicle was required for a particular purpose – for example, undertake regular household removals involving large volumes of furniture and other goods – and the vehicle is incapable of performing that role, there may be grounds for a claim. 
 

Whether a vehicle is “fit for purpose” will depend on the facts of each case, including the contractual terms, any representations made by the seller and the condition of the vehicle at the time of sale.  

Q: What if I purchased the vehicle through finance? 

This can make matters more complicated. Where a vehicle has been purchased under a finance arrangement, the contractual structure is often different from a straightforward purchase. In many cases, the finance company purchases the vehicle from the dealer and finances its use by the operator. As a result, there may be arguments over who is contractually responsible for any defects or misrepresentations. 

 
Finance agreements also frequently contain clauses limiting or excluding the finance company’s liability for the condition or quality of the vehicle. This can leave operators in the difficult position of making finance payments for a vehicle that is not fit for purpose while trying to establish who, if anyone, is legally responsible. 

 
Determining whether a claim should be pursued against the supplier, the finance company or another party will depend on the structure of the transaction and the contractual documentation. 

Q: What evidence should I keep? 

If problems arise, it is important to retain: 
 

This evidence can be crucial in establishing what was promised, whether the vehicle met those expectations and who may be responsible.  

Q: When should I seek legal advice? 

Disputes involving commercial vehicle purchases can quickly become complex, particularly where finance companies, dealers and manufacturers each seek to deny responsibility. Obtaining legal advice at an early stage can help identify the correct defendant, assess the strength of any claim and avoid unnecessary costs or delays. 
 

Backhouse Jones’ Commercial Litigation team regularly advises operators on disputes arising from the purchase and financing of commercial vehicles. The team work with operators to establish their legal position, resolve disputes efficiently and protect their commercial interests while minimising disruption to their business. 

For more expert guidance on everything relating to the commercial vehicle operations and commercial litigation, visit Backhouse Jones’ website or contact Backhouse Jones on: 01254 828 300 or email regulatory@backhouses.co.uk.  

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