The AG sought to refer to the court as unduly lenient a sentence of 100 hours community service for causing death by dangerous driving. The had been seen driving erratically along the M6, when he veered onto the hard shoulder colliding with an unlit vehicle, killing the driver. Held: Falling asleep at the wheel usually … Continue reading Attorney General’s Reference No 26 of 1999 Under Section 36 of Criminal Justice Act 1988; Regina v Gastinger: CACD 29 Jul 1999
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
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
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
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Citations: [1999] EWHC Admin 529 Links: Bailii Statutes: Road Traffic Act 1988 85 Citing: Cited – Taylor v Rajan 2-Jan-1974 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. … Continue reading Director of Public Prosecutions v Elsender: Admn 9 Jun 1999
The defendant appealed against his conviction for driving with excess alcohol, saying that the device used to make the measurement did not have type approval. Held: The appeal failed. Stanley Burnton J considered the issue of type approval of a breath analysis device and said that a device may not be an approved device because … Continue reading Richardson v Director of Public Prosecutions: Admn 20 Feb 2003
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 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
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
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 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
Citations: [2003] EWHC 1080 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 143(2) Jurisdiction: England and Wales Road Traffic, Crime Updated: 20 October 2022; Ref: scu.185356
The defendant appealed his conviction for driving with excess alcohol. He said that the machine used to measure his breath alcohol was not of the type approved by the Secretary of State. Held: There was a presumption that the Intoximeter used was type approved. The defendant had brought no evidence to suggest otherwise. The magistrates … Continue reading Fearnley v Director of Public Prosecutions: Admn 10 Jun 2005
The DPP appealed a finding of special reasons for not disqualifying the defendant after finding him guilty of driving with excess alcohol. He had been stopped driving at excess speed, he had driven over a mile and had a further two hundred yards to drive, and had driven through the centre of Congleton. He pointed … Continue reading Director of Public Prosecutions v Conroy: Admn 23 Jun 2003
The defendant, having succeeded at the crown court in reducing his ban for driving offences, now appealed a small order for costs in his favour. Held: He was entitled to the just and reasonable costs of making the appeal. The award of andpound;150 instead of andpound;650 without giving reasons was wrong. No solicitor whether in … Continue reading Galandauer v Snaresbrook Crown Court: Admn 27 Jun 2006
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 be under section 163 of the Road Traffic Act 1988, or under a duty at common … Continue reading Beckett, Regina (on The Application of) v Aylesbury Crown Court: Admn 22 Jan 2004
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
The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. The insurers now appealed against Held: The appeal succeeded. It is … Continue reading Cameron v Liverpool Victoria Insurance Co Ltd: SC 20 Feb 2019
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
driving while disqualified Citations: [2003] EWHC 768 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 3(1)(b) Jurisdiction: England and Wales Road Traffic Updated: 21 July 2022; Ref: scu.185586
The defendant appealed a decision of the magistrates to adjourn his trial for a breathaliser offence when the Crown Prosecution Service had not warned officers to attend to give evidence. On this application, the CPS filed an acknowledgment, did not attend the hearing or seek to justify its failure to warn the police officers. No … Continue reading Walden, Regina (on the Application of) v Highbury Corner Magistrates’ Court: Admn 19 Mar 2003
The defendant appealed against his conviction for driving with excess alcohol. Held: There was no requirement that the prosecutor should produce the results of the roadside breath test in evidence, and the breathalyser was of the approved type. The appeal failed. Reliance had been placed on the fact that the guide to type approval relating … Continue reading Breckon v Director of Public Prosecutions: Admn 22 Aug 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 applicants sought judicial review of preliminary directions given for the intended inquest on the deaths of Diana Princess of Wales and of Dodi Al Fayed. It was submitted that the jurisdiction had been wrongly transferred to the Queen’s Coroner under section 14. Held: under the 1988 Act, the Coroner for the Queen’s household was … Continue reading Paul and others v Deputy Coroner of the Queen’s Household and Another: Admn 2 Mar 2007
The applicant sought judicial review of the refusal of the magistrates to state a case for him to appeal to the High Court. He had been convicted of failing to provide a specimen of breath for analysis. The magistrates considered the request frivolous within the 1980 Act. He held, as a finding of fact, that … Continue reading Regina v Inner London Justices ex parte Cukic: Admn 1 Sep 1995
The defendant pleaded guilty to the rape of a twelve year old girl on the agreed basis that he had believed her to be 15, but had been advised that given her age, his belief was immaterial. He now appealed saying that the presumption infringed his human rights. Held: The question was whether the section … Continue reading Regina v G: CACD 12 Apr 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 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 claimant had been severely injured in a road traffic accident. His claim was compromised and embodied in a court order, but later a question was raised as to whether he had had mental capacity at the time to make the compromise he had. Held: The term ‘patient’ in this context had a meaning specific … Continue reading Bailey v Warre: CA 7 Feb 2006
Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the prosecution, and subject to disclosure requirements accordingly. The prosecution replied that the meter manufacturer specifications were protected as confidential. … Continue reading Director of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy: Admn 19 Jan 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
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
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
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
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
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
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
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
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, [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
A motorised scooter of the type known as a ‘Go-Ped’ was a motor vehicle within the Act. Accordingly a driving licence and third party insurance were both required for its use on a public highway. The scooter required the passenger to stand on a small platform, and was powered by a 22.5cc engine. The braking … Continue reading Director of Public Prosecutions v Saddington; Chief Constable of the North Yorkshire Police v Michael Saddington: Admn 1 Nov 2000
The police had set up a series of speed traps in London Road, Croydon. Mr Little occupied himself giving warning signals to drivers approaching the traps, thus ensuring that they did not exceed the speed limit. There was no evidence that the drivers were exceeding the speed limit at the time when they received Mr … Continue reading Bastable v Little: 1907
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
(High Court of Australia) The court considered a claim for damages arising out of a motor accident in New South Wales, where the claim had been brought in the courts of Queensland. The questions arose as to whether or not a provision in the Motor Accidents Act 1988 of New South Wales which limited the … Continue reading Stevens v Head: 18 Mar 1993
Where a defendant to a charge of driving with excess alcohol, sought to test the accuracy of the Intoximeter, the Magistrates should consider whether the evidence was as to the particular Intoximeter used, and was of sufficient quality to displace the presumption in law that the Intoximeter system in general works. The evidence in such … Continue reading Director of Public Prosecutions v Andrew Earle Anthony Brown, Jose Teixeira: QBD 16 Nov 2001
The defendant had ridden a motor-cycle and hit a pedestrian. The court asked whether he had been reckless. Held: The House understood recklessness as ‘a state of mind stopping short of deliberate intention, and going beyond mere inadvertence’ and ‘It is for the jury to decide whether the risk created by the manner in which … Continue reading Regina v Lawrence (Stephen): HL 1981
The driver was unconscious following an accident. The police attended the accident. He was acquitted of later failing to report the accident to the police. The prosecutor appealed. The car had crashed as the police pursued it. No notice had been served on him to produce his documents, and he had argued also that he … Continue reading Director of Public Prosecutions v Hay: QBD 13 Jun 2005
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
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
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
The defendant appealed by case stated against his conviction for driving a Segway scooter on a footpath. He denied that it was ‘a mechanically propelled vehicle intended or adapted for use on roads.’ Held: The appeal failed. The district judge had correctly read and applied the authorities. The manufacturer’s statement that the Segway was not … Continue reading Coates v Crown Prosecution Service: Admn 29 Jul 2011
The claimant sought damages in defamation in respect of statements made on internet bulletin boards. He pursued the operators of the bulletin boards, and the court now considered the liability of the Internet Service Providers whose systems had inevitably carried the traffic from the bulletin boards to their own customers. Held: The claims were struck … Continue reading Bunt v Tilley and others: QBD 10 Mar 2006
The court was asked: ‘i) whether it is possible to obtain a judgment in respect of a claim for damages against a defendant identified only by description (‘an unnamed defendant’), in the context of a motor claim against an unidentified hit-and-run driver, where the vehicle was identified and an insurance policy had been effected in … Continue reading Cameron v Hussain and Another: CA 23 May 2017
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
[2003] EWHC 1451 (Admin) Bailii Road Traffic Act 1988 5(1)(a) England and Wales Road Traffic Updated: 28 December 2021; Ref: scu.185344
[2003] EWHC 729 (Admin) Bailii Road Traffic Act 1988 5(1)(a) England and Wales Road Traffic Updated: 23 December 2021; Ref: scu.185573
J sought habeas corpus to avoid her extradition to California on a charge of manslaughter arising from a motor accident. Her counsel argued that the unlawful killing of another by the reckless driving of a motor vehicle on a road was no longer manslaughter by the law of England, since the enactment of the Road … Continue reading Regina v Government of Holloway Prison, Ex parte Jennings: HL 1983
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
The defendant was charged after driving a ‘City Mantis Electric Scooter’. He was disqualified from driving. The prosecutor appealed against dismissal of the charges on the basis that the scooter was not of such a description as to require a licence or insurance. Held: If the case was remitted, and the magistrates properly directed they … Continue reading Director of Public Prosecutions v King: Admn 13 Feb 2008
The court considered the power of courts to allow substitution of a new party after the expiration of the limitation period. Sir Terence Etherton Ch, Hallett VP, Sharp LJJ [2013] EWCA Civ 1555 Bailii European Communities (Rights against Insurers) Regulations 2002, Road Traffic Act 1988 151 England and Wales Citing: Cited – Regina v Liverpool … Continue reading Nemeti and Others v Sabre Insurance Co Ltd: CA 3 Dec 2013
Richards, Toulson, Sullivan LJJ [2010] EWCA Civ 808, [2011] RTR 1 Bailii Transport Act 1985, Road Traffic Act 1988 123 England and Wales Road Traffic Updated: 23 November 2021; Ref: scu.420768
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
Restraint on Interference with Burden of Proof The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was heard before … Continue reading Regina v Lambert: HL 5 Jul 2001
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
(Barnsley Magistrates Court) The defendant owned a Segway, a two wheeled vehicle. He was charged with having driven it on a public footpath despite its being a motor vehicle. He denied that it was a motor vehicle ‘adapted or intended for use on the road’. Held: ‘If I am satisfied from all the evidence presented, … Continue reading Coates, Regina v: Misc 18 Jan 2011
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 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
Driving with Excess alcohol – evidence . .
Admissibility of medical certificate as to blood alcohol content after failure of Intoximeter. . .
The appellant had been convicted of failing to give a breath test, and of driving with excess alcohol. He had falsely claimed that he had had a drink in the five minutes before being asked to take the test, and said the officer should not have . .
The appellant was the son of the licensee of an inn. On returning to the inn one night at about 11.17, he found that police officers wished to enter the premises as they suspected that the licensee was committing an offence under the Licensing Act . .
The court had delivered a draft judgment which counsel said was based upon a fundamental misunderstanding of the case she had presented. Counsel now suggested that the matter should be referred to a two judge divisional court. That was refused. The . .
References: [1993] HCA 19, (1993) 112 ALR 7, [1993] Aust Torts Reports 81-203, (1993) 17 MVR 1, (1993) 67 ALJR 343, [1993] 176 CLR 433 Links: Austlii Coram: Mason CJ, Brennan, Deane, Dawson, Toohey, Gudron, McHugh JJ (High Court of Australia) The court considered a claim for damages arising out of a motor accident in … Continue reading Stevens v Head; 18 Mar 1993
