Citations: [2005] EWCA Civ 1103 Links: Bailii Statutes: Refuse Disposal Amenity Act 1978, Disposal of Vehicle Regulations 1986 Jurisdiction: England and Wales Local Government, Torts – Other Updated: 23 June 2022; Ref: scu.229863
A vehicle must obstruct persons using the road, not just the road itself, before it can be removed under the Regulations. ‘Obstruction’ is relative to the users of the highway, not to the occupation of the highway itself. Citations: Independent 20-Apr-1995, Times 07-Apr-1995 Statutes: Removal and Disposal of Vehicles Regulations 1986 (1986 No 183) 3(1) … Continue reading Carey v Chief Constable of Avon and Somerset: CA 7 Apr 1995
The claimant’s van was parked in a bay for loading and unloading purposes only. A parking attendant saw nobody attending for a few minutes, issued a ticket and called for the vehicle to be towed away. The claimant returned, and explained that he was within the 20 minute limit allowed. Nevertheless the vehicle was towed … Continue reading Shiva Ltd v Transport for London: CA 2 Nov 2011
A car owner left it in another’s custody whilst on holiday. The car was stolen and reported as such. The car was later found abandoned. The police were unable to contact the owner, and the claimant refused to pay the collection charges. The claimant asserted that the impounding of the vehicle was unlawful, since the … Continue reading Clarke v Chief Constable of West Midlands Police: CA 28 Jun 2001
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
