The Truro Crown Court had allowed Mr Adair’s appeal against his conviction for obstructing a highway. The prosecutor appealed. Held: It had to be decided whether a particular road had become by presumed dedication a public highway. The use relied on constituted an offence under section 34(1) of the 1988 Act. A claim of long … Continue reading Robinson v Adair: QBD 2 Mar 1995
The issue was whether a presumed dedication of a road as a public highway could result from twenty years or more of uninterrupted public use in breach of section 34(1) of the 1988 Act. The court was considering whether a footpath, alleged to have become a public highway for vehicles by presumed dedication, had been … Continue reading Hereford and Worcester County Council v Pick: 1 Apr 1995
The applicants appealed against an enforcement notice. They had constructed a vehicular access to their cottage over the site of a footpath. They claimed it was permitted as the construction of access to the highway. Held: The construction of such a drive over a public footpath could be an offence under the Road Traffic Act. … Continue reading Shepherd and Shepherd v The Secretary of State For The Environment, Three Rivers District Council: CA 10 Oct 1997
The claimants said they had acquired a right of way by vehicle over land, a village green, having driven over it for more than forty years. It was responded that the act of driving over the land other than on a track had been an unlawful act, and as such could not be the basis … Continue reading Massey and Another v Boulden and Another: CA 14 Nov 2002
References: (1995) 71 P & CR 231 Coram: Stuart-Smith LJ The issue was whether a presumed dedication of a road as a public highway could result from twenty years or more of uninterrupted public use in breach of section 34(1) of the 1988 Act. The court was considering whether a footpath, alleged to have become … Continue reading Hereford and Worcester County Council v Pick; 1 Apr 1995
The case asked whether vehicular user of a public footpath in breach of section 34(1) of the 1988 Act could lead to the acquisition by prescription of a public right of way. Held: Hanning barred a claim to the easement under section 2 of the 1832 Act. The user relied on had been illegal since … Continue reading Hayling v Harper and Another: CA 2 Apr 2003
The prosecutor appealed against the decision of the magistrates, having found the defendant guilty of driving with excess alcohol, then not to disqualify him, finding special reasons for so doing. He had gone in answer to a call that a child niece was being assaulted and held against her will. Held: There may be special … Continue reading Director of Public Prosecutions v Bristow: QBD 28 Oct 1996
Defendant convicted for driving wth excess alcohol – Appeal against finding that no special reasons for reducing penalty – belch during breath test artificially raising reading. Citations: [2007] EWHC 36 (Admin) Links: Bailii Statutes: Road Traffic Offenders Act 34(1), Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 06 April 2022; Ref: … Continue reading Ng v Director of Public Prosecutions: Admn 26 Jan 2007