The respondent, was a passenger in a motor car who was injured in an accident. He raised an action of damages against the driver, the appellant, who had been convicted of an offence under the Road Traffic Act 1972. The men had been drinking together in public houses for most of the day and when … Continue reading Winnik v Dick: 1984
A local authority required to implement a red route designated by the Secretary of State had no discretion on the issue. The only retained discretion was as to timing, and then within the requirement to act ‘as soon as is reasonable practical’ Citations: Gazette 14-Apr-1999, Times 30-Apr-1999, [1999] EWHC Admin 290 Links: Bailii Statutes: Road … Continue reading Waddell and others v Royal Borough of Kensington and Chelsea v Traffic Director for London: Admn 31 Mar 1999
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
Goff LJ considered the circumstances where, a defendant having been convicted of driving wih excess alcohol, the court could find special reasons for not disqualifying him. He referred to Taylor v Rajan and said: ‘The first is that the exercise of discretion should only be exercised in clear and compelling circumstances. I do not think … Continue reading Vaughan v Dunn: 1984
The defendant appealed against his conviction for driving with excess alcohol. He had wanted to bring his own expert evidence. At the roadside, he had failed fully to inflate the device. Held: The trial court had been entitled to be satisfied of the defendant’s guilt on the evidence as a whole. It included not only … Continue reading Lomas v Bowler: 1984
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
In the field of road transport, Community social legislation ‘aims at the harmonisation of conditions of competition between methods of inland transport, especially with regard to the road sector and the improvement of working conditions and road safety.’ Citations: [1984] ECR 2863 Cited by: Cited – Vehicle Inspectorate v Bruce Cook Road Planing Ltd and … Continue reading Regina v Thomas Scott and Sons Bakers Ltd: 1984
Skinner J discussed the application of section 58 of the 1980 Act saying: ‘that, in assessing whether a council has a defence under section 58 of the 1980 Act, it is necessary to take account of the sort of traffic which would foreseeable use the highway and the character of the road itself.’ and ‘In … Continue reading Jacobs v Hampshire County Council: QBD 28 May 1984
The uninsured first defendant deliberately drove a car at the plaintiff who was walking on the pavement, and thus caused serious injuries. The MIB accepted that the trial judge was bound by Hardy to declare that the Bureau was bound to indemnify the plaintiff in respect of his judgment against the first defendant. The Bureau … Continue reading Gardner v Moore: HL 1984
[1997] EWHC Admin 979 Road Traffic Regulation Act 1984 England and Wales Road Traffic, Local Government Updated: 03 January 2022; Ref: scu.137924
A negligent misrepresentation was made in a telex sent from the United States but received and acted upon in England. The judge had set aside leave to serve the document out of the jurisdiction. Held: The appeal succeeded. The transmission was a tort committed within the jurisdiction within the meaning of Order 11 rule 1(1)(h).Robert … Continue reading Cordoba Shipping Co Ltd v National State Bank, Elizabeth, New Jersey (The Albaforth): CA 1984
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
A pedestrian was injured in a road traffic accident on 3 November 1975 but only raised an action on 13 February 1981. The failure to raise a timeous action was attributable to the fault of his former solicitors. Held: He was allowed to proceed out of time as he had misdirected himself on a material … Continue reading Donald v Rutherford: IHCS 1984
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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The type approval of a radar speed gun was either to be proved, or the police officer was to confirm that a radar gun was of a permitted type. Citations: Times 01-Jun-1993 Statutes: Road Traffic Act 1984, Road Traffic Offenders Act 1988 Crime, Road Traffic Updated: 09 April 2022; Ref: scu.86546
Renewed application for leave to seek judicial review of the crown court in dismissing his appeal against conviction for driving with excess alcohol. The judge had refused an adjournment to allow fresh counsel to be instructed, and had behaved in a discourteous and biased manner. He had said that the police had forced their way … Continue reading Haycocks, Regina (on the Application Of) v Worcester Crown Court: Admn 15 May 2007
Speeding Citations: [2004] EWHC 2785 (Admin) Links: Bailii Statutes: Road Traffic Regulation Act 1984 Jurisdiction: England and Wales Road Traffic Updated: 01 December 2022; Ref: scu.220181
The House was asked whether the Ministry of Defence was entitled to cone off a section of the A814 road without the permission of the roads authority under the Roads (Scotland) Act 1984 or the local planning authority under the Town and Country Planning (Scotland) Act 1972. Held: Before the Acts of Union, Scots law … Continue reading Lord Advocate v Dumbarton District Council: HL 1989
Golden Thread of British Justice – Proof of Intent The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired … Continue reading Woolmington v Director of Public Prosecutions: HL 23 May 1935
Challenge to Permanent Traffic Orders Judges: Mr Justice Eyre Citations: [2022] EWHC 2809 (Admin) Links: Bailii Statutes:
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000
Judges: Lord Justice Latham Mr Justice Underhill Citations: [2008] EWHC 2932 (Admin) Links: Bailii Statutes: Road Traffic Regulation Act 1984 81 82 85 Jurisdiction: England and Wales Road Traffic Updated: 03 November 2022; Ref: scu.682196
The official receiver began director disqualification proceedings, but before the proceedings commenced, the company was wound up. Where, on an application for the disqualification of a director, the official receiver and the Secretary of State became aware that the company had in fact already been dissolved, the normal course would be to transfer the proceedings … Continue reading Re NP Engineering and Security Products Ltd; Official Receiver and Another v Pafundo and Another: CA 22 Oct 1996
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 existence of a planning permission did not excuse the causing of a nuisance by the erection of a pighouse. The permission was not a statutory authority, and particularly so where it was possible it had been procured by the supply of inaccurate and incomplete information. The court considered the function of a gate: ‘The … Continue reading Wheeler and Another v JJ Saunders Ltd and Others: CA 19 Dec 1994
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad. Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and Wales. The correct rule was that before an English court could try an offence it was necessary, … Continue reading Regina v Manning: CACD 24 Jun 1998
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
Statutory challenge to the decision to make a traffic regulation order under section 1 of the Road Traffic Regulation Act 1984, restricting the use of certain ‘green lanes’ by mechanically propelled vehicles. Judges: Sir Ross Cranston Citations: [2018] EWHC 3390 (Admin) Links: Bailii Statutes: Road Traffic Regulation Act 1984 1 Jurisdiction: England and Wales Land … Continue reading Trail Riders Fellowship v Hampshire County Council: Admn 7 Dec 2018
New sentencing guidelines were handed down for the offence of causing death by dangerous driving whilst driving with excess alcohol. The definition and sentence for the offence had been changed. Lord Taylor CJ: ‘Drivers who drive after taking alcohol should understand that in bad cases they will lose their liberty for upwards of five years … Continue reading Regina v Shepherd; Regina v Wernet; Attorney General’s References Nos. 14 and 24 of 1993: CACD 26 Jan 1994
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
Appeal by case stated – conviction for failing to provide specimen of breath. Machine at one station had failed on two occasions – defendant taken to second station and re-tested. Whether third test request lawful. Held: In completing the first two tests the defendant had not satisfied the statutory requirements, and ‘where no valid specimens … Continue reading Hussain v the Director of Public Prosecutions: Admn 19 Mar 2008
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history showed an anomalous bringing together of different, and conflicting strands … Continue reading Regina v K: HL 25 Jul 2001
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
Appeal against acquittal of offence of driving a motor vehicle whilst over the prescribed alcohol limit. The defendant had challenged the calibration of the Camic breath testing machine which showed the incorrect date. Citations: [1997] EWHC Admin 946 Statutes: Road Traffic Act 1988 5(1)(a), Police and Criminal Evidence Act 1984 69 Jurisdiction: England and Wales … Continue reading Director of Public Prosecutions v Garnett: Admn 30 Oct 1997
The defendant appealed against her conviction for aggravated vehicle taking. She was found near the scene of a road traffic accident involving a stolen car, and her fingerprint on an inside rear window. She submitted that the officers had asked as to her involvement at a time when she was already a suspect, and that … Continue reading Hughes v Director of Public Prosecutions: Admn 12 Oct 2009
An operator accused of permitting contraventions of the drivers hours need only be shown to have failed to take reasonable steps to prevent contraventions by his drivers. A willful failure to inspect tachograph charts can amount to prima facie evidence. Citations: Times 19-Mar-1999, Gazette 21-Apr-1999, [1999] 1 WLR 629, [1999] UKHL 14, [1999] 3 All … Continue reading Vehicle Inspectorate v Nuttall: HL 18 Mar 1999
QBD A local authority has no power to close a road to control pollution from motor vehicles. Air pollution danger from traffic was not a sufficient ‘likelihood of danger.’ Citations: Ind Summary 29-Jan-1996, Times 29-Dec-1995 Statutes: Road Traffic Regulation Act 1984 14 Jurisdiction: England and Wales Road Traffic, Environment Updated: 25 July 2022; Ref: scu.86767
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
Judges: Longmore, Lewison, Coulson LJJ Citations: [2019] EWCA Civ 1275, [2019] WLR(D) 411 Links: Bailii, WLRD Statutes: Road Traffic Regulation Act 1984 Jurisdiction: England and Wales Land Updated: 17 July 2022; Ref: scu.639790
Challenge to road traffic regulation order Citations: [1995] EWHC 13 (Admin), [1995] RTR 346 Links: Bailii Statutes: Road Traffic Regulation Act 1984 Jurisdiction: England and Wales Road Traffic Updated: 11 July 2022; Ref: scu.381588
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 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
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
The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no forewarning, the defence requested the prosecution to prove service of the certificate of analysis. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 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 claimant sought damages after being severely injured in a road traffic accident in Australia caused by the defendant. The defendant denied that the court had jurisdiction to permit service out of the jurisdiction. The claimant said that the issues were not as to liability but as to quantum. Held: The defendant’s application failed. The … Continue reading Cooley v Ramsey: QBD 1 Feb 2008
The defendant appealed against his conviction for driving with excess alcohol. He complained that though the officers suspected him of having consumed alcohol, they asked him whether he had been drinking without cautioning him, and that no print out from the Intoximeter having been produced, there was no evidence on which he could be convicted. … Continue reading Sneyd v Director of Public Prosecutions: Admn 24 Feb 2006
An action for damages by an employee against his employer was raised 48 days after the expiry of the triennium due to an oversight by an assistant with the pursuer’s solicitors. The sheriff refused to allow the action to be brought, the Sheriff Principal allowed it and on appeal the Second Division reversed the decision … Continue reading Forsyth v A F Stoddard and Co Ltd: OHCS 1985
The claimant sought a license to allow him to use motor-bikes as private hire vehicles. The council had refused a licence saying that they were not safe. He claimed that since they were safe to be on the road, they should be licensed. Held: The Act imposed two requirements for safety. The vehicle itself should … Continue reading Chaffeur Bikes Ltd v Leeds City Council: QBD 20 Oct 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
The magistrates stated a case where the police officer requiring a breath speciment, had not allowed a wait of 20 minutes where the defendant had recently eaten a ‘tic-tac’, contrary to the procedure. Judges: Kennedy LJ, Crane J Citations: [2005] EWHC 1533 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6), Road Traffic Offenders Act … Continue reading Director of Public Prosecutions v Coulter: Admn 29 Jun 2005
The defendant appealed his conviction for driving with excess alcohol. He complained that the device used to measure his breath at the police station, the EC/IR intoximeter, was not an approved device. The court had refused to accept evidence to support such an assertion. Held: The magistrates had found that the appellant had been lawfully … Continue reading Wright v Director of Public Prosecutions: Admn 25 May 2005
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
The claimant appealed against dismissal of his claim for false imprisonment and malicious prosecution against the Customs and Excise. He was arrested and held accused of VAT fraud. Proceedings were discontinued. He had signed an application for registration for VAT for a company for whom he worked as an independent agent. The judge concluded that … Continue reading Coudrat v Revenue and Customs: CA 26 May 2005
Traffic regulation scheme. Held: In consulting about an increase in airport capacity in South East England, the government had acted unlawfully in consulting upon possible development only at Heathrow, Stansted and the Thames estuary and not also at Gatwick. Citations: [2005] EWHC 16 (Admin), [2006] LGR 304 Links: Bailii Statutes: Road Traffic Regulation Act 1984 … Continue reading Montpeliers and Trevors Association, Regina (on the Application of) v City of Westminster: Admn 13 Jan 2005
The motorist had been stopped. He had not failed the roadside breathalyzer test, but the officer continued and arrested him. He was acquitted. The prosecutor appealed. Held: The use of the section 6 breathalyzer procedure did not exclude the officer relying on the powers contained in section 4 of the Act. Where the officer believed … Continue reading Director of Public Prosecutions v Robertson: QBD 4 Mar 2002
The claimant sought damages from what were said to be speculative trades carried out by the defendant whilst working in Russia. The claims were in both equity and in tort. He was a director of the company which was incorporated in Guernsey. Held: If the acts complained of did not relate to the constitution of … Continue reading Base Metal Trading Ltd v Shamurin: CA 14 Oct 2004
Defendant pleaded guity to drink driving – claim for special reasons – appeal against finding of absence of special reasons to disqualify. Judges: David J Citations: [2004] EWHC 2505 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5 Jurisdiction: England and Wales Citing: Cited – Director of Public Prosecutions v Bristow QBD 28-Oct-1996 The prosecutor … Continue reading Khan, Regina (on the Application of) v Director of Public Prosecutions: Admn 12 Oct 2004
It was alleged that evidence had been obtained by police oppression. She had at first refused to answer questions, but an officer talked to her during a break between interviews, telling her that her lover had been having an affair. The circumstances caused the appellant severe distress, and she made admissions in the following interview. … Continue reading Regina v Fulling: CACD 1987
The defendant appealed against his conviction for having failed to identify the driver of a car caught speeding by a camera. He was the registered keeper. He completed and returned the form, but did not sign it. The statute imposed no explicit obligation to sign it. He also said that since he was already suspected … Continue reading Francis v Director of Public Prosecutions: QBD 23 Mar 2004
The two appellant drivers had been sent forms requiring them to identify the drivers of vehicles identified by speed cameras. They had replied providing the requested information, but the forms were unsigned. They resisted use of the forms as evidence against them. Held: The forms could not be used as evidence against the defendants on … Continue reading Mawdesley and Yorke v Chief Constable of Cheshire Constabulary and Another: Admn 31 Jul 2003
The applicants, representatives of voluntary organisations, challenged decisions of the local authority to withdraw their funding, saying the decision making process had been unfair. Held: Even if it was not bound to consult, if the authority chose to consult it must do so fairly. It was for the claimant to establish that if a failed … Continue reading Capenhurst and Others, Regina (on the Application Of) v Leicester City Council: Admn 15 Sep 2004
The House was asked whether a specimen of blood required under the regulations, having been requested at a hospital or health centre had to be taken there. Held: The health centre was not a hospital within the regulations. However the request had already been made at a police station, which request had not been superseded. … Continue reading Russell v Devine (On Appeal from the Court of Appeal Northern Ireland): HL 8 May 2003
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under Dutch law was different, with all benefits deducted from any compensation awarded. … Continue reading Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002
Appeal against parking ticket – disabled badge. The appellant had sought to use the badge in a resident’s parking bay. The Council said that it did not give exemption for that purpose. Held: There was no requirement that the panel should include someone with medical qualifications. The issue of the claimant’s disability was not at … Continue reading Welsh, Regina (on the Application of) v Watford Borough Council: Admn 13 Jul 2004
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998
A driver was arrested for driving with excess alcohol. At the police station, he was to be tested with the Lion Intoximeter. The officer tested the machine and it calibrated correctly. This was at about a quarter after midnight; the sergeant’s watch said 00.13 am, but the time display on the machine read 23:00. Part … Continue reading Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997
A was arrested. He was already on bail for possession of cannabis, and in the hope finding further evidence he was asked to empty his pockets, ‘and put the drugs on the table’ he did so and admitted selling drugs. Held: The procedure should only have followed the giving of a caution. This was precisely … Continue reading Regina v Absolam: CACD 1990
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
The court gave guidance on the meaning of the word ‘interview’ when used in the Codes of Practice. Morland J said: ‘In our judgment it is not within the spirit of the Act or the code that ‘interview’ should be given a restricted meaning. Normally any discussion or talk between a suspect or prisoner and … Continue reading Regina v Matthews: CACD 1990
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
The court considered a decision by Justices to exclude evidence under section 8 of the 1984 Act where a police officer had allegedly failed to follow the guidance in relation to a roadside breath test. Held: The procedure was not required by the Act and sent the case back to the Justices with a direction … Continue reading Director of Public Prosecutions v John Kay: QBD 4 Mar 1998
The victim of an unlawful act of a driver off-road sought damages from another driver and his insurers. The insurers refused to pay. Held: There is a balance to be found between the statutory purpose of compulsory motor insurance and the principal that a man should not benefit from his own wrongful act. The victim … Continue reading Churchill Insurance v Charlton: CA 2 Feb 2001
Challenge to Intoximeter reading including acetone reading to be under s 78. Citations: Times 14-Jul-1995 Statutes: Police and Criminal Evidence Act 1984 69(1) 78 Road Traffic Updated: 17 May 2022; Ref: scu.77901
An employer can be found to be causing or permitting an employee to overload a vehicle when he was acting in the course of his employment even though the employer is unaware of the employee’s exact activities. Citations: [1974] QB 435 Jurisdiction: England and Wales Cited by: Cited – Cambridgeshire County Council v Associated Lead … Continue reading Ross Hillman v Bond: 1974
It was alleged that the maximum permitted front axle weight of the vehicle in question was exceeded. The court was asked what were the circimstances defing a ‘user’ of a motor vehicle in prosecutions for use of the vehicle. Held: ‘The so-called narrow approach to the meaning of the word ‘use’ or ‘uses’ where it … Continue reading West Yorkshire Trading Standards Service v Lex Vehicle Leasing Ltd: QBD 9 Feb 1995
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
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
It was not a proper purpose of an experimental traffic scheme to seek to ban heavy goods vehicles. The council used traffic calming measures to seek to dissuade heavy goods vehicles using certain roads to get to a waste management site.Carnwath J said: ‘The second main point is in relation to the duty under section … Continue reading UK Waste Management Ltd v West Lancashire District Council; St Helens Metropolitan Borough Council v Same: QBD 5 Apr 1996
The defendant appealed his conviction for driving with excess alcohol, arguing that the prosecution had failed to provide the roadside breath test figures. Held: The appeal failed, and was indeed hopeless. Pill LJ said: ‘The specimens of breath which established whether or not a defendant has committed an offence under section 5(1) of the 1988 … Continue reading Smith v Director of Public Prosecutions: Admn 30 Jan 2007
The court was asked whether insurance pursuant to the Road Traffic Act 1960 would provide valid cover for the benefit of a third party injured by deliberately criminal conduct on the part of the driver. Held: Diplock LJ said: ‘The rule of law on which the major premise is based – ex turpi causa non … Continue reading Hardy v Motor Insurers’ Bureau: CA 1964
Judges: Lord Abernethy And Lord Clarke And Lord Nimmo Smith Links: ScotC Statutes: Road Traffic Regulation Act 1984 Scotland, Road Traffic Updated: 01 May 2022; Ref: scu.252609
The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him. Held: The court considered when it should find special reasons allowing it a discretion not to disqualify a driver who … Continue reading Taylor v Rajan: 2 Jan 1974
The defendant said that he had driven recklessly because he was in fear for his life and that of his passenger. Held: The court was bound by Willer to rule that a defence of duress was available. It was convenient to refer to this type of duress as ‘duress of circumstances’. Judges: Woolf LJ Citations: … Continue reading Regina v Conway: 1989
A female pursuer was involved in a road traffic accident caused by her boyfriend. She brought an action against him one year after the expiry of the triennium (which had begun to run when she reached the age of 18 in 1984). An action of damages which she had raised against her former solicitors for … Continue reading Clark v McLean: IHCS 1994
A sidecar passenger sued the motorcycle driver for injuries sustained during a race when he was unable to stop because he missed his gear and his brakes failed at the same time. Held: The court approved the Wooldridge approach as the applicable standard so far as the claim was based on the rider missing his … Continue reading Harrison v Vincent: 1982
A 14-year old girl of low intelligence entered a shed, poured white spirit on the floor and set it alight. The fire destroyed the shed after she left. The allegation was that she was reckless. The justices applied Caldwell but inferred that in his reference to ‘an obvious risk’ Lord Diplock had meant a risk … Continue reading Elliott v C: 1983
Establishing whether previous convictions listed were those of the defendant. Citations: [1996] RTR 384 Cited by: Cited – Regina v Mauricia CACD 25-Feb-2002 The defendant sought to assert that he was of previous good character. The prosecution knew of convictions abroad, and sought to admit them in rebuttal. The 1984 Act did not deal with … Continue reading Regina v Derwentside Justices, Ex parte Heaviside: 1996
When a local traffic authority made experimental traffic orders under section 9 of the Road Traffic Regulation Act 1984, did it discharge the ‘public sector equality duty’ under section 149 of the Equality Act 2010? Judges: Sir Keith Lindblom (Senior President of Tribunals) Lord Justice Males And Lady Justice Elisabeth Laing Citations: [2022] EWCA Civ … Continue reading Sheakh, Regina (on The Application of) v London Borough of Lambeth Council: CA 5 Apr 2022
Lawfulness of Contraceptive advice for Girls The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the advice infringed her rights as a parent, and … Continue reading Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security: HL 17 Oct 1985
A motorist was convicted of speeding. On the stretch of road subject to the temporary limit an additional part had been included falsely representing the correct ends of the limited stretch. Nevertheless, the motorist was accused of speeding within the area subject to the restriction. Held: Any misleading element in the signage did not affect … Continue reading Wawrzynczyk v Chief Constable of Staffordshire Constabulary: QBD 28 Feb 2000
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
Appeal by way of case stated from a pre-trial ruling of the Black Country Magistrates’ Court in respect of an information preferred against the Appellant for failing to provide a specimen of blood in breach of section 7 of the 1988 Act, and not to exercise its discretion under section 78 of the 1984 Act … Continue reading Miller v Director of Public Prosecutions: Admn 15 Feb 2018
Statutory challenge by the Claimant, made under paragraph 35 of Schedule 9 to the Road Traffic Regulation Act 1984 to two traffic management orders made by the Defendant under sections 6 and 22C of the 1984 Act. Judges: Mrs Justice Lang DBE Citations: [2022] EWHC 469 (Admin) Links: Bailii Statutes: Road Traffic Regulation Act 1984 … Continue reading Tchenguiz v Westminster City Council: Admn 7 Mar 2022
This appeal raises issues about whether claims: (1) under the Occupiers’ Liability Act 1984 (‘the 1984 Act’) against occupiers of land adjoining a highway; and (2) against the relevant highway authority; arising from a tragic road traffic accident were reasonable causes of action or had a real prospect of success. Judges: Lord Justice Lewison Lord … Continue reading Brown and Others v South West Lakes Trust and Others: CA 17 Jan 2022
Application for statutory review of two experimental traffic regulation orders made by the Defendant pursuant to its powers under the Road Traffic Regulation Act 1984 Judges: Mr Justice Singh Citations: [2014] EWHC 246 (Admin), [2014] ACD 83, [2014] 1 WLR 2562, [2014] RTR 22, [2014] WLR(D) 72 Links: Bailii, WLRD Jurisdiction: England and Wales Road … Continue reading Hamnett v Essex County Council: Admn 13 Feb 2014