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Dymond v Pearce: CA 13 Jan 1972

A motorcyclist crashed into the rear of a lorry stationary on the carriageway. The plaintff said that the parking of the lorry was a nuisance, and that if it had not been so parked, there would have been no accident. Held: The appeal failed. The accident was due wholly to the negligence of the motorcyclist. … Continue reading Dymond v Pearce: CA 13 Jan 1972

X v United Kingdom: ECHR 1972

The defendant had been convicted of knowingly living on the earnings of prostitution contrary to section 30(1) of the Sexual Offences Act 1956. Held: The Commission rejected as manifestly ill-founded the applicant’s challenge to this provision as incompatible with article 6(2). It created a rebuttable presumption which the defendant could disprove, and was not a … Continue reading X v United Kingdom: ECHR 1972

Practice Statement (Judicial Precedent): HL 1966

The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Chief Constable of Avon and Somerset Constabulary v Fleming: QBD 1987

The defendant was stopped pushing a motor-cycle along the road. It had been adapted for scrambling, and the registration plates lights and speedometer had been removed. He argued that it was no longer a motor vehicle ‘adapted or intended for use on a public road’. The prosecutor appealed against the magistrates finding that they had … Continue reading Chief Constable of Avon and Somerset Constabulary v Fleming: QBD 1987

Chief Constable of Gwent v Dash: 1986

In the absence of malpractice, oppression, caprice or opprobrious behaviour, there is no restriction on the stopping of motorists by a police officer in the execution of his duty and subsequent requirement of a breath test if the officer then and there genuinely suspects the ingestion of alcohol.Lloyd LJ said: ‘The word ‘malpractice’, as it … Continue reading Chief Constable of Gwent v Dash: 1986

Director of Public Prosecutions v Watkins: QBD 1989

The offence in section 5 does not require proof that a defendant is likely to drive when accused of being in charge of a motor vehicle whilst unfit through drink or drugs: ‘In regard to that section two broad propositions are clear. First, the offence of being ‘in charge’ is the lowest in the scale … Continue reading Director of Public Prosecutions v Watkins: QBD 1989

Regina v Reid: HL 1992

The defendant, convicted of causing death by reckless driving contrary asked the House to reconsider its decision in Lawrence on which the trial judge’s jury direction had been based. Held: Lawrence remained good. (Lord Keith) ‘where the driver acted under some understandable and excusable mistake or where his capacity to appreciate risks was adversely affected … Continue reading Regina v Reid: HL 1992

Regina v Lawrence (Stephen): HL 1981

The defendant had ridden a motor-cycle and hit a pedestrian. The court asked whether he had been reckless. Held: The House understood recklessness as ‘a state of mind stopping short of deliberate intention, and going beyond mere inadvertence’ and ‘It is for the jury to decide whether the risk created by the manner in which … Continue reading Regina v Lawrence (Stephen): HL 1981

Denny v Director of Public Prosecutions: QBD 1990

The appellant had been stopped, taken to a police station and required to provide two specimens of breath for analysis. After he provided the second, the device indicated that it was not functioning normally, so the officer could not say that he had been provided by the defendant with two specimens of breath which had … Continue reading Denny v Director of Public Prosecutions: QBD 1990

Jones v Director of Public Prosecutions: QBD 20 Oct 2000

Where magistrates considered an offence for which a driving ban was discretionary, they were entitled at that stage to take account of the driving record, even though they knew they would have to take that same record into account when considering a totting up ban. There was no double jeopardy, since the two systems considered … Continue reading Jones v Director of Public Prosecutions: QBD 20 Oct 2000

Gordon v Thorpe: QBD 1986

The defendant provided two specimens of breath through an intoximeter 3000. Though the machine appeared to be working otherwise properly, the two readings were wider apart than usual. Held: Each reading was still in excess of the maximum, and expert evidence was to the effect that the blood alcohol level exceeded the maximum. The prosecutor’s … Continue reading Gordon v Thorpe: QBD 1986

Selby v Chief Constable of Avon and Somerset: QBD 1988

The defendant lorry driver was interviewed to discover his involvement in a road traffic accident in whch damage was caused to a stationery vehicle. He said that he had been unaware of any such collision, though he had been driving at that location at the time. Having given no evidence, he now appealed against his … Continue reading Selby v Chief Constable of Avon and Somerset: QBD 1988

Newbury v Davis: QBD 1974

The owner of a vehicle agreed to lend it to someone else on condition that that person insured against third party risks. In the owner’s absence, that person drove the car on a road without insurance. Held: The appeal against conviction was allowed: ‘the defendant did not permit Mr Jarvis to use the car. The … Continue reading Newbury v Davis: QBD 1974

Regina v Conway: CACD 28 Jul 1988

The defendant appealed against his conviction for reckless driving. He said the offence was committed out of necessity, since his passenger’s life was under threat. Held: Necessity can only be a defence to a charge of reckless driving where the facts establish ‘duress of circumstances’ . . where the defendant was constrained by circumstances to … Continue reading Regina v Conway: CACD 28 Jul 1988

Adams v Commissioner of Police of the Metropolis: QBD 1980

The Commissioner had been wrong to conclude that he could not bring prosecutions in respect of driving on a certain road because it was not a ‘road’ within the definition of the Road Traffic Act 1972. Having observed that ‘[c]ounsel and solicitors in magistrates’ courts, in the Divisional Court and in the Crown Courts can … Continue reading Adams v Commissioner of Police of the Metropolis: QBD 1980

Cox v White: QBD 1976

Motoring offences under the 1972 Act were alleged. Justices dismissed the charges on the ground that the driving had not been proved to be on a ‘road’ within the statutory definition. Held: The prosecutor’s appeal succeeded. the Divisional Court remitted the case to the justices to clarify their findings of fact and their reasoning. Kilner … Continue reading Cox v White: QBD 1976

McTear v Imperial Tobacco Ltd: OHCS 31 May 2005

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

Gidden v Chief Constable of Humberside: Admn 29 Oct 2009

The driver appealed against his conviction for speeding, saying that he had not been given the requisite notice within the 14 days required: ‘The notice of intended prosecution had been sent to him by first class ordinary post in circumstances where he would ordinarily have been expected to receive it in 14 days, but in … Continue reading Gidden v Chief Constable of Humberside: Admn 29 Oct 2009

Chief Constable of West Midlands Police v Billingham: 1979

Bridge LJ considered the meaning of the word ‘accident’, and, after saying that there had been many authorities for different stautory and contractual contexts, said: ‘It is, in my judgment, a word which has a perfectly well understood meaning in ordinary parlance, but that meaning is an elastic one according to the context in which … Continue reading Chief Constable of West Midlands Police v Billingham: 1979

Gibson v United States of America: PC 23 Jul 2007

(The Bahamas) The US government sought the extradition of the appellant from the Bahamas on drugs charges. The warrants were found to be void, and the defendant released unconditionally, when the nmagistrate rejected evidence from an admitted co-conspirator. It was then said thet the respondent had no right of appeal against a grant of habeas … Continue reading Gibson v United States of America: PC 23 Jul 2007

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

Currie, Regina v: CACD 26 Apr 2007

The defendant appealed his conviction for dangerous driving. The failure of the police to serve him with a notice of intended prosecution invalidated the conviction. The police replied that there was no need for such a notice because there had been an accident. The driver had been stopped but had then driven off. A police … Continue reading Currie, Regina v: CACD 26 Apr 2007

Horton v Sadler and Another: HL 14 Jun 2006

The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of the period, but failed to give first the requisite formal notice to … Continue reading Horton v Sadler and Another: HL 14 Jun 2006

Cambridgeshire County Council v Associated Lead Mills Ltd: ChD 22 Jul 2005

The prosecutor appealed dismissal of the charge of driving a heavy commercial vehicle on a road which was subject to a maximum weight restriction in breach of the 1984 Act. The company denied that it had any knowledge of the actual route taken by its driver. Held: The offence involved use by the employer when … Continue reading Cambridgeshire County Council v Associated Lead Mills Ltd: ChD 22 Jul 2005

Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: … Continue reading Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

Jones v Director of Public Prosecutions: Admn 26 Mar 1998

A van was stopped carrying a delivery of coal. The insurance was for social domestic and pleasure purposes only. The owner appealed a conviction for using it without insurance. Held: ‘using’ when the description of the offence in connection includes alternatives of causing and permitting is to have a restricted meaning. There was not evidence … Continue reading Jones v Director of Public Prosecutions: Admn 26 Mar 1998

Treacy v Director of Public Prosecutions: HL 1970

Blackmail was alleged under section 21 of the 1968 Act, the letter making the unwarranted demand with menaces having been posted from England to an intended victim in Germany. Held: The appeal was dismissed. To allow an English court to have jurisdiction where elements of the offence occurred abroad, the last act constituting the actus … Continue reading Treacy v Director of Public Prosecutions: HL 1970

Al Rabbat v Westminster Magistrates’ Court: Admn 31 Jul 2017

The claimant appealed against refusal of an application for judicial review in turn of a refusal to allow private prosecutions of Tony Blair, Jack Straw and Lord Goldsmith in respect of their involvement in the war in Iraq, and the alleged crime of aggression. Held: The international crime of aggression was established but it remained … Continue reading Al Rabbat v Westminster Magistrates’ Court: Admn 31 Jul 2017

Director of Public Prosecutions v Humphrys: HL 1977

Humphrys was charged with driving while disqualified. The issue was the correctness of the identification by a police constable. In evidence, Humphrys denied that he was the driver, or indeed that he had driven any car during the year in question. He was acquitted. Later he was charged with perjury said to arise from his … Continue reading Director of Public Prosecutions v Humphrys: HL 1977

Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005

The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants asserted that a legitimate expectation had been created. Held: The abiding principle which underpins the legitimate expectation … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005

Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

Bristol Alliance Ltd v Williams and Another: QBD 1 Jul 2011

The driver had crashed into the insured’s building causing substantial damage. The court was asked which of the driver’s and building’s insurers should bear the costs. The driver’s insurers said that he had acted deliberately and therefore they were not liable. Though they might even so be liable through the Motor Insurers Bureau, the provisions … Continue reading Bristol Alliance Ltd v Williams and Another: QBD 1 Jul 2011

Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002

Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002

Reader and others v Molesworths Bright Clegg Solicitors: CA 2 Mar 2007

The claimants were children of the victim of a road traffic accident. The solicitors were conducting a claim on his behalf for damages, but when he died, they negligently discontinued the action. Held: The claimants’ action as dependants of the deceased arose only on his death, and so the action of the defendants gave rise … Continue reading Reader and others v Molesworths Bright Clegg Solicitors: CA 2 Mar 2007

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Liddell v Middleton: CA 1996

The Court was concerned with a traditional road traffic accident in which a pedestrian was injured by a moving car. A question arose as to the admissibility of an expert. Held: Stuart-Smith LJ stated of the test of admissibility laid down in the 1972 Act: ‘But that section in no way extends the principles upon … Continue reading Liddell v Middleton: CA 1996

O’Connell v Jackson: CA 7 Jul 1971

Motorcyclist negligent without helmet The plaintiff sought damages after an accident. The defendant car driver had negligently moved forward into the path of the plaintiff motor cyclist who was injured. The defendant argued that the plaintiff, a motorcyclist, was contributorily negligent in not wearing a crash helmet. Held: Once the court had established that the … Continue reading O’Connell v Jackson: CA 7 Jul 1971

Dunbar (As Administrator of Tony Dunbar Deceased) v Plant: CA 23 Jul 1997

The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant. Held: The appeal was allowed, and relief against forfeiture was given. Mummery LJ said: ‘the presence of … Continue reading Dunbar (As Administrator of Tony Dunbar Deceased) v Plant: CA 23 Jul 1997

Abdul and Others v Director of Public Prosecutions: Admn 16 Feb 2011

The defendants appealed against convictions for using threatening, abusive or insulting words or behaviour or disorderly behaviour . . within the hearing or sight of a person likely to be caused harassment, alarm or distress. He had attended a parade celebrating the return of an army regiment from Afghanistan, but had demonstrated against the war. … Continue reading Abdul and Others v Director of Public Prosecutions: Admn 16 Feb 2011

Wright v Wenlock: 1971

The court set out the circumstances in which, in the absense of an explanation, the only proper inference is careless driving.Lord Parker CJ said ‘the facts of a particular case may be such that, in the absence of some explanation the only possible inference is careless driving’ Lord Parker CJ [1971] RTR 228, [1972] CLR … Continue reading Wright v Wenlock: 1971

Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 11 Jun 2013

The claimant, displaced from the Chagos Archipelago, challenged a decision by the respondent to create a no-take Marine Protected Area arround the island which would make life there impossible if he and others returned. The respondent renewed his objection to the use of leaked materials, saying that this would be a breach of the Official … Continue reading Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 11 Jun 2013

Pickett v British Rail Engineering: HL 2 Nov 1978

Lost Earnings claim Continues after Death The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives appealed. Held: The House assumed that, because the claimant had brought … Continue reading Pickett v British Rail Engineering: HL 2 Nov 1978