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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

Oldham Borough Council v Sajjad: Admn 19 Dec 2016

The appeal is brought by the appellant against the decision of the Justices that the respondent was not guilty of the offence of using a motor vehicle on a road without there being in force a valid policy of insurance, contrary to section 143 of the Road Traffic Act 1988. Judges: McCombe LJ, Kerr J … Continue reading Oldham Borough Council v Sajjad: Admn 19 Dec 2016

Lewis v Tindale and Others: QBD 14 Sep 2018

The court was asked as to the liability of the Motor Insurer’s Bureau for an accident not occurring on a public road. Held: Soole J said that section 145 should not be read down, because reading down would go against the grain and thrust of the legislation, because it raised policy ramifications which were not … Continue reading Lewis v Tindale and Others: QBD 14 Sep 2018

Siegel v The Procurator Fiscal, Lerwick: ScSf 26 Jul 2016

The question in this case is whether or not special reasons exist for not endorsing Mr Siegel’s licence with penalty points for the offence of using a motor vehicle without there being in force a valid policy of insurance to cover that use, in contravention of section 143 of the Road Traffic Act 1988. [2016] … Continue reading Siegel v The Procurator Fiscal, Lerwick: ScSf 26 Jul 2016

Director of Public Prosecutions v Kavaz: Admn 25 Nov 1997

[1997] EWHC Admin 1042 Road Traffic Act 1988 143(2) England and Wales Citing: Appealed to – Director of Public Prosecutions v Kavaz CACD 17-Mar-1999 The duty to demonstrate that a car is properly insured and has an MOT certificate remains the responsibility of the actual driver. . . Cited – Rex v Oliver 1944 When … Continue reading Director of Public Prosecutions v Kavaz: Admn 25 Nov 1997

The Director of Public Prosecutions v Whittaker: Admn 3 Jul 2015

Appeal by way of case stated from a decision dismissing a summons alleging a contravention of s. 143 Road Traffic Act 1988, namely use of a motor vehicle on a road without a policy of insurance. The defendant appeared to be using a van for commercial purposes, but had only private and domestic insurance. Beatson … Continue reading The Director of Public Prosecutions v Whittaker: Admn 3 Jul 2015

Pryor v Greater Manchester Police: CA 30 Jun 2011

The claimant had purchased a car, but not yet received confirmation of its registration in his name. After verifying his friend’s insurance he lent the car to him. The friend was stopped by officers, the non-registrations noted and the car was impounded and destroyed. He appealed against rejection of his claim. Held: The appeal was … Continue reading Pryor v Greater Manchester Police: CA 30 Jun 2011

Parish v Director of Public Prosecutions (Orse Parrish v Director of Public Prosecutions): QBD 1 Nov 1999

The defendant motorist was accused of driving with excess alcohol. There had been a difference in readings between two samples taken within a short time of each other. Held: He should have been allowed an adjournment to bring his own expert witness to explain the discrepancy. A breath test taken only a short time after … Continue reading Parish v Director of Public Prosecutions (Orse Parrish v Director of Public Prosecutions): QBD 1 Nov 1999

Killick v West London Magistrates’ Court: Admn 6 Dec 2012

The claimant applied for an order quashing his convictions at the West London Magistrates’ Court for two offences: plying for hire without a licence contrary to section 7 of the Metropolitan Public Carriage Act 1869; and using a motor vehicle without third party insurance contrary to section 143 of the Road Traffic Act 1988 and … Continue reading Killick v West London Magistrates’ Court: Admn 6 Dec 2012

Traves, Regina (on the Application Of) v Director of Public Prosecutions: Admn 30 Jun 2005

The defendant appealed conviction involving allegations that he was driving. He was sat at the wheel of a vehicle being towed by means of a rigid steel bar. He denied that he was driving, but had both steered and braked. Held: The magistrates had been entitled to find that he had been driving, having had … Continue reading Traves, Regina (on the Application Of) v Director of Public Prosecutions: Admn 30 Jun 2005

Churchill Insurance v Charlton: CA 2 Feb 2001

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