Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014
The Police Constable had failed to enquire further on the issue of ‘taking tablets’ as a medical reason for refusing to give a breath test. The prosecution failed. Citations: Times 14-Feb-1995, (1996) RTR 177 Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Cited by: Cited – Steadman v Director of Public Prosecutions QBD … Continue reading Wade v Director of Public Prosecutions: QBD 14 Feb 1995
The defendant appealed against a conviction that he had driven a vehicle through a red light contrary to the provisions of section 36(1) of the Road Traffic Act 1988 and related regulations. He said that the Gatsometer device was not an approved device as required, saying that the 1991 Act required any such approval to … Continue reading Robbie the Pict, Regina (On the Application of) v Crown Prosecution Service: Admn 24 Apr 2009
Failure to provide specimen of blood. Citations:  EWHC 1156 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: 26 July 2022; Ref: scu.197830
Appeal from conviction for driving with excess alcohol. The driver complained that the police had destroyed CCTV evidence of the administration of the statutory warning on his being tested. The appeal failed. The defendant had given no indication that he might wish to challenge the warning. Citations:  EWHC 2788 (Admin), (2009) 173 JP 41 … Continue reading Morris v Director of Public Prosecutions: Admn 14 Nov 2008
Procedures for testing driver for alcohol Judges: The Lord Woolf of Barnes LCJ Citations:  EWHC 3078 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7 Jurisdiction: England and Wales Road Traffic Updated: 07 July 2022; Ref: scu.191213
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
Appeal against stay of prosecution as abuse of process. Held: The appeal failed. Openshaw J said: ‘The concept of a fair trial involves fairness to the prosecution and to the public as well as to the defendant.’ Judges: Scott Baker LJ, Openshaw J Citations:  EWHC 1067 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 … Continue reading Director of Public Prosecutions v Meakin: Admn 4 May 2006
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
The defendant was the registered keeper of a vehicle recorded as having exceeded the speed limit. He was required to identify the driver. He responded saying that it was one of six fleet vehicles and could not say who was driving it at the time. He appealed his conviction. Held: The defendant’s appeal succeeded. The … Continue reading Jones v Director of Public Prosecutions: Admn 30 Jan 2004
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 defendant appealed his conviction for failing a breath test. He said that since the meter could be affected by mouth alcohol, the prosecutor had a duty to show that the reading arose from a breath taken deep from the lung by a deep breath. Held: Though the intoximeter made a distinction between deep lung … Continue reading Zafar v Director of Public Prosecutions: Admn 1 Nov 2004
The claimants sought damages for personal injuries after a crash in a Land Rover maintained by the defendants. The defendants appealed findings of negligence in failing properly to inflate the rear tyres, in continuing despite the danger, and poor overtaking. A further fault was identified in that dirt in the front wheel had led to … Continue reading Exel Logistics Ltd v Curran and others: CA 30 Sep 2004
Judges: Rose LJ, Pitchford J Citations:  EWHC 2914 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Road Traffic Updated: 21 June 2022; Ref: scu.220538
Appeal by way of case stated from a decision convicting the appellant, of driving a motor car when he had consumed alcohol in excess of the prescribed limit, contrary to the provisions of section 5 of the Road Traffic Act 1988 and Schedule 2 Road Traffic Offenders’ Act 1988. The issue was whether the car … Continue reading Lewis, Regina (on the Application Of) v the Director of Public Prosecutions: Admn 10 Dec 2004
A private company car park, where there was no proof of use by the public, was not a public road, and a driver could not be convicted of dangerous driving whilst in it. There must be evidence that the public actually utilised premises before a court can conclude that they are a ‘public place’. It … Continue reading Regina v Spence: CACD 24 May 1999
Defendant pleaded guity to drink driving – claim for special reasons – appeal against finding of absence of special reasons to disqualify. Judges: David J Citations:  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
Citations:  EWHC 2416 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 13 June 2022; Ref: scu.219217
Citations:  EWHC 1937 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 83 Jurisdiction: England and Wales Road Traffic Updated: 11 June 2022; Ref: scu.200007
The defendant appealed a conviction for driving with excess alcohol. She said she had not first been cautioned when interviewed after an accident and that her admission that she had been driving should not have been allowed in evidence. Held: That admission had properly been admitted. An expert for the defence had said that the … Continue reading Kemsley v Director of Public Prosecutions: Admn 4 Feb 2004
Judges: Davis J Citations:  EWHC 2484 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: 10 June 2022; Ref: scu.219268
Judges: Forbes J Citations:  EWHC 2635 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 10 June 2022; Ref: scu.219718
Prosecutor’s appeal by way of case stated from a decision of the Birmingham Justices when they dismissed an information laid against the respondent under section 5(1)(b) Road Traffic Act 1988. Citations:  EWHC 2811 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(b) Jurisdiction: England and Wales Road Traffic Updated: 10 June 2022; Ref: scu.220281
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 Director appealed dismissal of a charge. The defendant had accompanied a learner driver. He had too much alcohol in his blood. He denied that he was driving. Held: There was no need to prove that the defendant was statutorily supervising. The precise skills of the learner driver were not relevant. The supervisor was clearly … Continue reading Director of Public Prosecutions v Janman: Admn 22 Jan 2004
Judges: May LJ, Nelson J Citations:  EWHC 83 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Citing: Cited – Paterson v Director of Public Prosecutions 1990 . . Cited – Regina v Jackson CACD 21-May-1996 Time should be saved by explicit admissions of all elements of expert case. . … Continue reading Khatibi v Director of Public Prosecutions: Admn 28 Jan 2004
The defendant appealed against his conviction for driving with excess alcohol. He said that the machine used to measure the alcohol in his breath did not have type approval. The schedule to Approval 1998 for the purposes of section 7(1)(a) of the Road Traffic Act referred to ‘the device known as the Intoximeter EC/IR manufactured … Continue reading Brown v Procurator Fiscal, Falkirk: HCJ 24 Sep 2002
The claimant was severely injured when run down by the defendant driving his car. She was in Blackpool, and drunk and wandering in the highway. The defendant was himself at or near the drink driving limit. She appealed against a finding that she was 60% to blame. Held: Courts have consistently required drivers to recognise … Continue reading Eagle v Chambers: CA 24 Jul 2003
The claimant had claimed aganst the driver, but gave notice of the intention to make a claim on his insurance by telephone only. The insurers repudiated liability. Held: Whilst solicitors would be strongly advised to give such notice in writing, an oral notice given to a proper officer of the insurer could be sufficient. In … Continue reading Nawaz and Another v Crowe Insurance Group: CA 24 Feb 2003
The defendant challenged the application of the section, under which he was deemed to have intended to drive a vehicle whilst under the influence of alcohol, unless he could prove it was not his intent to drive, saying this infringed his right to a fair trial. Held: The section must be read down to comply … Continue reading Sheldrake v Director of Public Prosecutions: Admn 24 Feb 2003
Judges: Collins J Citations:  EWHC 2432 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 Jurisdiction: England and Wales Citing: Cited – Regina v Ferguson CACD 1970 The defendant was accused of failing to give a sample of breath for testing for alcohol. The defence was that there had been no failure because the appellant … Continue reading Director of Public Prosecutions v Swan: Admn 21 Oct 2004
ECHR The presumption of innocence would be violated if, without the accused having previously been proved guilty according to law, a judicial decision concerning him reflected an opinion that he was guilty. The burden of proof is on the prosecution and any doubt should benefit the accused. Citations: 10590/83, (1988) 11 EHRR 360,  ECHR … Continue reading Barbera, Messegua, and Jabardo v Spain: ECHR 6 Dec 1988
The appellant appealed by case stated against his conviction by the Haringey Justices or an offence of driving a motor vehicle, having consumed excess alcohol contrary to section 5(1)(a) of the 1988 Act. He said that no direct evidence had been given that he had been driving. Held: The appeal succeeded: ‘The question is, therefore, … Continue reading Huntley, Regina (on the Application of) v Director of Public Prosecutions: Admn 2 Apr 2004
The court considered the arrangement for interim payments of damages awards where the claim was to be made through the Bureau. The agreement between the Bureau and the insurer members predated and did not allow for such payments. Held: The MIB, seeking clarification, had made no interim payment. They could have made a substantial part … Continue reading Sharp By her Next Friend Sharp v Pereira and Motor Insurers’ Bureau: CA 24 Jun 1998
Application for judicial review of conviction for driving with excess alcohol. Allegation of police failure to inform him of procedure. Judges: Lord Bingham LCJ, Collins J Citations:  EWHC Admin 1040 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 27 May 2022; Ref: scu.139161
Where a passenger is injured during a bus ride, the accident occurs when he is injured, and driver has a duty to stop immediately in order to report the accident even if no other vehicle was involved. Citations: Times 07-May-1998,  EWHC Admin 437 Links: Bailii Statutes: Road Traffic Act 1988 170 Road Traffic Updated: … Continue reading David Hallinan v Director of Public Prosecutions: Admn 24 Apr 1998
Application for permission to apply for judicial review, heard as a rolled-up hearing with considerable speed in circumstances where the disqualification of the claimant from driving after a conviction in relation to a drink drive offence meant that he wanted an interim suspension of the disqualification. The defendant claimed to have a phobia of needles, … Continue reading Cuns, Regina (on The Application of) v Hammersmith Magistrates’ Court: Admn 4 Mar 2016
The prosecutor appealed a decision of the magistrates not to convict a lorry driver. He had stopped after feeling vibration. At the service station he had taken off and replaced the wheel nuts by hand, and was awaiting service. The vehicle inspector then found him and reported him. Held: The magistrates could not have decided … Continue reading Vehicle and Operator Services Agency, Regina (on the Application of) v Henderson: Admn 15 Dec 2004
The Crown Court had concluded that the intoximeter EC/IR was not a validly approved device or if it was that it was unreasonable for the Secretary of State to have approved it since it was a device which detected mouth alcohol, i.e. was liable to give a false reading by failing to distinguish mouth alcohol … Continue reading Director of Public Prosecutions v Memery: QBD 4 Jul 2002
Citations:  EWHC 2513 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 19 May 2022; Ref: scu.235183
A wheel clamp affects the likelihood of driving of a person not fit to drive. Citations: Times 04-Apr-1994 Statutes: Road Traffic Act 1988 Criminal Practice Updated: 19 May 2022; Ref: scu.80129
No right to legal advice before choice of blood/urine specimen after breath test. Citations: Times 24-Mar-1997 Statutes: Road Traffic Act 1988 8(2) Road Traffic Updated: 19 May 2022; Ref: scu.80052
The defence of necessity will be available only in exceptional circumstances even for police drivers driving in pursuit of a suspect. The care due from the driver of an emergency vehicle crossing a junction against red lights is specifically provided for by that regulation, and in these circumstances the common law defence of necessity does … Continue reading Director of Public Prosecutions v Harris: QBD 16 Mar 1994
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 power in the Road Traffic Act to force a registered keeper to say who was driving a car denies the driver a right to a fair trial by compelling a driver to give evidence against himself. A refusal to answer is itself a crime. The restriction on such powers must apply at the stage … Continue reading Margaret Anderson Brown v Procurator Fiscal, Dunfermline: HCJ 4 Feb 2000
The defendant claimed that a breathalyser procedure mistake vitiated the subsequent prosecution. Held: It was essential that the motorist who was asked to provide a sample of breath be first warned that a failure to provide a specimen would make him liable to be prosecuted. Even though the motorist had not in this case been … Continue reading Murray v Director of Public Prosecutions: QBD 4 Feb 1993
Failing to give breath test charge needn’t specify which of sections 4 or 5. On a charge of failing to give a breath specimen, there was no need to specify which offence. Citations: Independent 19-Aug-1994, Times 22-Jul-1994 Statutes: Road Traffic Act 1988 7(6) Road Traffic Updated: 10 May 2022; Ref: scu.79994
It was proper for a court sentencing for careless driving to allow for the fatal consequences of the driving. As long as culpability remains a sentencing consideration, the court was entitled to make such an allowance. Citations: Gazette 24-Feb-1999, Gazette 17-Mar-1999 Statutes: Road Traffic Act 1988 Jurisdiction: England and Wales Road Traffic Updated: 08 May … Continue reading Regina v Simmonds: CACD 24 Feb 1999
In the absence of evidence of calibration of an Intoximeter either before or after the second specimen was produced, there had been a failure to prove the precondition that the machine was working satisfactorily. Citations:  RTR 281 Jurisdiction: England and Wales Cited by: Cited – Sneyd v Director of Public Prosecutions Admn 24-Feb-2006 The … Continue reading Mayon v Director of Public Prosecutions: 1988
The evidence which is admissible on a challenge to the reliability of an intoximeter device is not limited to direct evidence of the unreliability of the breath testing device, but can be based on evidence such as the level of consumption, and the activities of the defendant before arrest and on his or her condition … Continue reading Cracknell v Willis: HL 1988
Judges: Lord Justice Elias Mr Justice Hickinbottom Citations:  EWHC 4089 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 170(4) 171 1(b)(i) Jurisdiction: England and Wales Road Traffic Updated: 23 April 2022; Ref: scu.542536
Whether or not the condition of a vehicle is such that it is a danger to any person is a question of fact. Judges: Otton LJ and Astill LJ Citations: Unreported, 4 December 1988 Jurisdiction: England and Wales Cited by: Cited – Vehicle and Operator Services Agency, Regina (on the Application of) v Henderson Admn … Continue reading Director of Public Prosecutions v Potts: QBD 4 Dec 1988
The defendant had given a specimen of breath over the minimum, but below 5omg, and accordingly he was to be allowed to give a specimen of blood or urine. The choice was the officers using a wide discretion. That discretion was still to be exercised reasonably. As a rastafarian, the defendant had refused to give … Continue reading Joseph v Director of Public Prosecutions: QBD 24 Nov 2003
Constable to ask reason why specimen should not be taken under 7(4). Citations: Independent 02-Feb-1994 Statutes: Road Traffic Act 1988 7(4) Jurisdiction: England and Wales Road Traffic Updated: 10 April 2022; Ref: scu.90529
An injured suspect should still be asked why a blood specimen should not to be taken. A failure to follow the statutory procedure to request a blood sample in hospital had misled the driver. Citations: Independent 27-Jan-1995, Independent 29-Dec-1994, Times 17-Nov-1994 Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 09 April 2022; Ref: scu.86259
Two periods of disqualification can be double DQ for purposes of the section. Citations: Times 01-Mar-1994 Statutes: Road Traffic Offenders Act 1988 34 Road Traffic Updated: 09 April 2022; Ref: scu.82975
A mistaken belief in the mind of the Police Constable that the Intoximeter was inaccurate, does not prevent the admission of the reading. Citations: Ind Summary 11-Dec-1995, Times 14-Nov-1995 Statutes: Road Traffic Act 1988 7(3) Road Traffic Updated: 08 April 2022; Ref: scu.81135
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
RoadPeace challenged certain legislation, as to compulsory insurance for motor vehicles, and for payment of compensation for personal injury and damages caused by uninsured driver, saying that it failed properly to implement European law. Held: Ouseley J recorded and accepted the view of the Secretary of State for Transport and the Motor Insurers’ Bureau that … Continue reading RoadPeace v Secretary of State for Transport: Admn 7 Nov 2017
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
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely serious failure to adhere to the rule of law with regard to the … Continue reading Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004
‘Consuming alcohol’ includes consumption by injection, inhalation, patch etc. Times 15-Mar-1994 Road Traffic Act 1988 5(1) England and Wales Road Traffic Updated: 16 December 2021; Ref: scu.80016
The appellant had been convicted by justices of an offence of being in charge of a mechanically propelled vehicle on a public place while unfit through drink, contrary to section 4 of the 1988 Act. The issue was whether the vehicle was on a public place. The place in question was a private car park … Continue reading Director of Public Prosecutions v Richardson: Admn 27 Nov 2014
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
 EWHC 54 (Admin) Bailii Road Traffic Act 1988 172(2) England and Wales Crime, Road Traffic, Human Rights Updated: 17 November 2021; Ref: scu.184627
Defence of Necessity has a Place in Criminal Law The defendant appealed against his conviction for driving whilst disqualified. He said he had felt obliged to drive his stepson to work because his stepson had overslept. His wife (who had suicidal tendencies) had been threatening suicide unless he drove the boy to work, since she … Continue reading Regina v Martin (Colin): CACD 29 Nov 1988
Plea of Autrefois Acquit is Narrow in Scope The defendant had been tried for and acquitted of murder. The prosecution then sought to have him tried for robbery out of the same alleged facts. The House considered his plea of autrefois convict. Held: The majority identified a narrow principle of autrefois, applicable only where the … Continue reading Connelly v Director of Public Prosecutions: HL 1964
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954
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
Consultation requirements The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate. Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of … Continue reading Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014
The court was asked whether a defendant who pleads guilty to an offence of driving with excess alcohol contrary to section 5(1)(a) of the Road Traffic Act 1988, and therefore admits that he was driving ‘over the limit’, can seek a Newton hearing to contest the amount by which the prosecution allege he was over … Continue reading Goldsmith v Director of Public Prosecutions: Admn 4 Nov 2009
The first defendant drove a car belonging to his father and insured by his father. The father consented to the driving but under a mistaken belief that his son was licensed. The claimant was injured by the defendant in a road traffic accident. Held: For insurance purposes, the father could validly permit the driving when … Continue reading Philip Owen Lloyd-Wolper v Robert Moore; National Insurance Guarantee Corporation Plc, Charles Moore: CA 22 Jun 2004
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The defendant appealed by case stated against his conviction for driving with excess alcohol, saying that the collection of a sample of urine had not been in accordance with the requirements of section 7. He had had the samples taken whilst in hospital from a catheter bag. He said there had not been two samples. … Continue reading Ryder v Crown Prosecution Service: Admn 14 Apr 2011
The defendant appealed against confiscation orders made under the 2002 Act. He had bought a flat with a substantial deposit from his own resources, and the balance from a lender. That lender was repaid after he took a replacement loan. He was later convicted of having misled the first lender in his application. The judge … Continue reading Waya, Regina v: SC 14 Nov 2012
The defendant sought judicial review, on a renewed application, to challenge the decision to issue a speeding fine, and in the alternative that he had failed to identify the driver as required. The defendant had supplied the information but under a condition not allowing that information to be used for prosecution, citing Funke. Held: The … Continue reading Hatton, Regina (on the Application of) v Devon and Cornwall Constabulary: Admn 4 Feb 2008
The driver had driven his car at a crowd of people intending to frighten them. Instead one had been killed. The insurers resisted liability saying that the use of the car for this purpose and as it was being used as a taxi, was not use for social domestic or pleasure purposes. Held: The court … Continue reading Keeley (Widow of Terence Noel James Keeley Deceased) v Pashen and Wren Motor Syndicate 1202 at Lloyd’s: CA 10 Nov 2004
The court considered the proper approach for the court to adopt, and the proper orders for the court to make, in confiscation proceedings where a number of criminals (some of whom may not be before the court) had between them acquired property or money as a result of committing an offence for which all or … Continue reading Ahmad, Regina v: SC 18 Jun 2014
After the defendant was arrested for drugs offences a restraint order was made to prevent dissipation of his assets. Orders were made to vary the restraint to allow payment of his sons school fees, and in family proceedings for a payment to his wife. The Commissioners of Customs and Excise appealed the latter order. Held: … Continue reading In re Peters: CA 1988
A Zairese national living in Paris, went to the airport to collect, as he said, a parcel of foodstuffs sent from Africa. He could not find this, but was shown a locked trunk, which he was advised to leave alone. He however took possession of it, . .
The court allowed an appeal against the decision of the Master of the Court of Protection refusing registration to an enduring power of attorney on the ground that the donor, although capable of understanding the nature of the power, was herself . .
Prosecutor’s appeal against dismissal of case of failing to provide specimen of breath. . .
Prsoecutor’s appeal against dismissal of charge of driving with excess alcohol. The dfeendant was arrested only some time after he had been driving and after he had consumed further alcohol. . .
The defendants had been required to provide information leading to the identification of the driver. In one case the defendant was the registered keepr, and in the second not.
Held: the obligations differed according to whether it was . .
The court was asked whether, if the insured owner of a vehicle permits another, uninsured, to drive the car, carrying the owner, and through his negligence causes and accident in which the owner is injured, the insurer is bound to meet the owner’s . .
The Secretary of State appealed a finding that the applicant was a fit and proper person to hold a licence to drive a passenger carrying vehicle, despite his conviction for two offences of indecent assault on a girl under 15, and his name being . .
It was proper for a court sentencing for careless driving to allow for the fatal consequences of the driving. As long as culpability remains a sentencing consideration, the court was entitled to make such an allowance. . .
On a prosecution for causing death by dangerous driving, contrary to section 1 of the 1988 Act, the fact that the driver was adversely affected by alcohol was a relevant circumstance in determining whether he was driving dangerously.’The fact (if it . .
The defendant had been convicted of other offences at the crown court. Traffic offences were also committed for sentence. The judge imposed a disqualification and penalty points. The section clearly required either a disqualification, or imposition . .
The defendant appealed against his conviction for causing death by dangerous driving and failing to provide a specimen of breath. . .
The applicant had unsuccessfully appealed against his conviction for driving with excess alcohol. He had been stopped randomly to check his documents and the road worthiness of the older car.
Held: The appeal failed. May LJ said: ‘Whether it . .
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .