A motorcyclist appealed against his conviction for having overtaken a line of vehicles driving down the outside of dashed white lines, only returning to the nearside when the lines became solid. He said that there was no white arrow painted to indicate the requirement to return to the nearside. Held: The signage did not meet … Continue reading O’Halloran v Director of Public Prosections: 1989
The transport of motorway maintenance vehicles and plant to and from sites on the back of a low loader is not sufficiently closely connected with the use of such machines on the motorways, to attract exemption as for such use from the general regulation of transport, including in particular, the need for the use of … Continue reading Vehicle Inspectorate v Bruce Cook Road Planing Ltd and Another: HL 8 Jul 1999
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts below held, such a claimant must also establish a business with customers within the … Continue reading Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015
The victim died on a farm when his dumper truck overturned burying him in its load. Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of injury arose out of the state of affairs at the … Continue reading Chargot Limited (T/A Contract Services) and Others, Regina v: HL 10 Dec 2008
The applicant held a heavy goods vehicle licence. He became diabetic. The licensing authority refused to renew his licence. He appealed.
Held: The justices had used the wrong test, saying he could not be said not to be likeley to suffer a . .
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Challenge to accuracy of speed gun. Judges: Waller LJ, Treacy J Citations: [2006] EWHC 3137 (Admin) Links: Bailii Statutes: Road Traffic Regulation Act 1984 89, Road Traffic Offenders Act 1988 20 Jurisdiction: England and Wales Road Traffic Updated: 08 July 2022; Ref: scu.247335
Four drivers said that the use of approved speed cameras for evidential purposes was unlawful. They argued that the cameras used were not ‘of a description specified’ under an Order. Held: The appeals failed. The different speed trap mechanisms were lawful and specified wihin the regulations. The court discussed the stages involved in the designation … Continue reading Brotherston and Others v The Director of Public Prosecutions: Admn 3 Feb 2012
Remedy to challenge temporary road closure is limited to judicial review.Remedy to challenge temporary road closure is limited to judicial review. Citations: Gazette 17-Apr-1996, Times 25-Mar-1996 Statutes: Road Traffic Regulation Act 1984 Jurisdiction: England and Wales Road Traffic Updated: 27 October 2022; Ref: scu.89820
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
The defendant appealed against his conviction for speeding (103mph in 50mph zone). He complained that the section 9 statement remained unsigned. Held: The appeal failed. There had been no breach of section 9. Nobody could have misunderstood the intent and meaning of the statement. Judges: Mitting J Citations: [2010] EWHC 1769 (Admin), (2010) 174 JP … Continue reading Wood v Director of Public Prosecutions: Admn 30 Jun 2010
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
The defendant appealed against his conviction for speeding. The speed camera was placed just after the 30mph limit was imposed, and the signs were obscured by foliage. Held: There was no case law direct on the point. The appeal was allowed. It was unnecessary to determine whether it would be sufficient for a defendant to … Continue reading Coombes v Director of Public Prosecutions: Admn 20 Dec 2006
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004
The defendant had been convicted of speeding. At the time the road was thought to be subject to the 30 mph limit but was in fact subject only to the national speed limit. Her solicitors had delayed their application for judicial review. Held: ‘Where an unjust sentence has been imposed upon a claimant, then, notwithstanding … Continue reading Harrison, Regina (on the Application Of) v Flintshire Magistrates’ Court: Admn 13 Oct 2004
Evidence called by prosecutor of breathalyser machine was admissible even though the regulations for the type of machine used had not been notified for this purpose as required to the European Commission. The failure created no obstacle to trade. Citations: Times 20-Jul-1998, Gazette 09-Sep-1998, C-226/97, Ecj/Cfi Bulletin 16/98, 7, [1998] ECR I-3711 Links: Bailii Statutes: … Continue reading Criminal Proceedings Against Johannes Martinus Lemmens: ECJ 16 Jun 1998
Compliance with licence condition to go by the shortest route was not to be tested by commercial costs or considerations. Citations: Ind Summary 24-Jul-1995, Times 27-Jun-1995 Statutes: Greater London (Restrictions of Goods Vehicles) Traffic Order 1985, Road Traffic Regulation Act 1984 6 Road Traffic Updated: 10 April 2022; Ref: scu.89903
Renewed application at an oral hearing for permission to appeal as to challenge to Road Traffic Regulation Order. Judges: Hildyard J Citations: [2017] EWCA Civ 1894 Links: Bailii Statutes: Road Traffic Regulation Act 1984 Jurisdiction: England and Wales Road Traffic Updated: 05 April 2022; Ref: scu.605780
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000
Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
A claimant sought as part of her damages for the cost of hiring a care whilst her own was off the road after an accident caused by the defendant. She agreed with a hire company to hire a car, but payment was delayed until the claim was settled. Held: The arrangement was a consumer credit … Continue reading Dimond v Lovell: HL 12 May 2000
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The driver was caught using a bus lane and issued with a fixed penalty notice. He appealed to the adjudicator. The Council now appealed against a finding that the area was not a designated bus lane allowing enforcement by civil penalty rather than being enforceable only by criminal process. It was also found that the … Continue reading Oxfordshire County Council, Regina (on The Application of) v The Bus Lane Adjudicator: Admn 26 Apr 2010
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
The defendant appealed against his conviction for speeding, saying that the device used to measure his speed was not approved. The only evidence relied on was that the officer said it had been installed in many police vehicles. Held: The magistrates had not been entitled to take judicial notice of such an opinion. Though a … Continue reading Iaciofano v Director of Public Prosecutions: Admn 15 Jul 2010
Challenge to parking scheme.
Held: As to section 122 of the 1984 Act, if the Defendant has not had proper regard to the matters set out in section 122(1) and (2) it did not direct its mind to matters it was bound to consider.
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