Whether the particular facts of a case amount to an accident is a question of law. In a case of disputed facts under s2(2) of the 1967 Act it is for the jury to decide the facts and apply to the facts found the judge’s direction as to the meaning of accident.Lord Widgery CJ:’We would … Continue reading Regina v Morris: 1972
The defendant appealed a conviction for using a vehicle, which had been adapted for stock car racing, without insurance. He did not give evidence, but he was present and he admitted that he was the owner of the vehicle. Held: The court allowed his appeal because there was no evidence that the actual driver of … Continue reading Crawford v Haughton: QBD 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
The plaintiff had been badly injured and was not expected to live long. When his claim for damages was almost ready for trial, his lawyers requested an adjournment. It was not possible for a live plaintiff to claim damages for his ‘lost years’. They realised that, if judgment were to be given before he died, … Continue reading Murray v Shuter: CA 1972
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
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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
A husband and wife crossed a road. The wife, appreciating that the danger from the traffic, ran across. The husband stood in the middle of the road and then went ahead, but was struck by a vehicle and injured. He was significantly affected by alcohol, and evidence had been led at the trial indicating the … Continue reading Liddell v Middleton: CA 17 Jul 1995
The section in the 1967Act required as a precondition to a request for a breath specimen that an accident had occurred. The defendant complained that this was an issue of fact, but had been decided by the deputy chairman and not the jury. Held: The appeal succeeded. Lord Widgery CJ said: ‘The issue whether there … Continue reading Regina v Seward: 1970
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
The court considered the admissibility of evidence produced by a prescribed device for measuring breath alcohol levels. Held: The record (the printout from a Lion Intoximeter device) was admissible either under the statutory provision without the necessity of calling any witness to produce it or as real evidence, if produced by someone who was able … Continue reading Garner v Director of Public Prosecutions: 1990
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
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 defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it would be. Held: (Baroness Hale of Richmond dissenting) The appeal succeeded: ‘the Crown’s principal … Continue reading Saik, Regina v: HL 3 May 2006
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
(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
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
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
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
The driver left an accident. The police entered his home unlawfully, and on his refusal to supply a breath test, he was arrested and charged with faiing to supply. Held: A lawful arrest is not an essential requirement before a breath test, and there was no general principle that there could be no conviction under … Continue reading Fox v Chief Constable of Gwent: HL 1986
The police adduced in evidence against the defendant the analysis of a specimen of breath which was not the specimen required under the Act. Held: The evidence of the analysis of the specimen relied on by the police was inadmissible in evidence. The Act lays down a procedure for requiring a suspected motorist to provide … Continue reading Howard v Hallett: QBD 1984
The court discussed the power of a constable to stop a driver. Held: Provided the officer was acting in good faith the statutory powers given to him he need have no grounds for stopping a driver. Nothing in the section required the prosecutor to show that a constable in uniform acting in the execution of … Continue reading Beard v Wood: 1980
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
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
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
The defendant had been arrested for driving whilst unfit through drink. He was warned three hours later that he might be prosecuted for reckless driving. In fact he was not charged with any offence relating to drink. When tried for reckless driving he argued no case to answer because he had not been warned ‘at … Continue reading Regina v Stacey: CA 1982
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
Griffiths LJ discussed the lawfulness of a police officer’s stopping of a motorist, and said: ‘It should, however, be stated that the police officer was acting within the execution of his duty by virtue of his power at common law and not by virtue of any power contained in section 159 of the Road Traffic … Continue reading Steel v Goacher: QBD 1985
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
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
What makes a road a Road? The Court was asked whether a Road was a ‘road’ for the purposes of the 1984 Act’ Held: It has often been said that the public access mentioned in the definition of ‘road’ must be both actual access and legal or lawful access. However, simple reference to a requirement … Continue reading Bowen and Others v Isle of Wight Council: ChD 3 Dec 2021
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
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
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct has been calculated by him to make a profit for himself which may … Continue reading Rookes v Barnard (No 1): HL 21 Jan 1964
The court asked what reduction if any should be made to a plaintiff’s damages where injuries were caused not only by the defendant’s negligent driving but also by the failure of the plaintiff to wear a seat belt. It had been submitted that, since the defendant was not responsible for the failure of the plaintiff … Continue reading Froom v Butcher: CA 21 Jul 1975
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
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
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
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
The claimant hired a car whilst his own, damaged by the defendant, was being repaired. His insurer sought to recover the cost from the other driver. The insurer had first arranged te hire with one company, but then another provided a finacial reward . .