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Criminal Proceedings Against Johannes Martinus Lemmens: ECJ 16 Jun 1998

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

Vehicle Inspectorate v Bruce Cook Road Planing Ltd and Another: HL 8 Jul 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

West Yorkshire Trading Standards Service v Lex Vehicle Leasing Ltd: QBD 9 Feb 1995

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

Clarke v Chief Constable of West Midlands Police: CA 28 Jun 2001

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

UK Waste Management Ltd v West Lancashire District Council; St Helens Metropolitan Borough Council v Same: QBD 5 Apr 1996

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

Hamnett v Essex County Council: Admn 13 Feb 2014

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

Bristol Alliance Ltd v Williams and Another: QBD 1 Jul 2011

The driver had crashed into the insured’s building causing substantial damage. The court was asked which of the driver’s and building’s insurers should bear the costs. The driver’s insurers said that he had acted deliberately and therefore they were not liable. Though they might even so be liable through the Motor Insurers Bureau, the provisions … Continue reading Bristol Alliance Ltd v Williams and Another: QBD 1 Jul 2011

Williams v London Borough of Waltham Forest: Admn 6 Nov 2015

Application for statutory review pursuant to paragraph 35 of schedule 9 to the 1984 Act in relation to 20 experimental traffic orders (‘ETOs’) made under section 9 of that Act by the London Borough of Waltham Forest (‘the Council’) in respect of a group of streets in Walthamstow Village. Holgate J [2015] EWHC 3907 (Admin) … Continue reading Williams v London Borough of Waltham Forest: Admn 6 Nov 2015

Post Office v Richmond Upon Thames London Borough Council: QBD 17 May 1994

A criminal penalty may still follow from the operator of a goods vehicle breaking the conditions of an access permit even though there was also a procedure to allow the revocation of permits for their misuse. Times 17-May-1994 Road Traffic Regulation Act 1984 8(1) England and Wales Road Traffic Updated: 01 January 2022; Ref: scu.84815

London Borough of Richmond Upon Thames v London Concrete Ltd: Admn 13 Dec 2001

The respondent company was acquitted after its vehicle, exceeding the maximum weight, was driven on a restricted street in contravention of the regulations. No unrestricted street allowed access to the destination. The delivery was on the company’s business, but the driver was self employed. The district judge had held that it was sufficient of the … Continue reading London Borough of Richmond Upon Thames v London Concrete Ltd: Admn 13 Dec 2001

American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

Regina (on the Application of Wainwright) v Richmond Upon Thames London Borough Council: CA 20 Dec 2001

A local authority was under a statutory duty to consult before undertaking road improvements. Because of the chaotic mail administration systems, the consultation had been ruled unlawful. The council appealed. Held: The council had in fact failed in its duty to consult, but there was no possibility that its decision would have differed even if … Continue reading Regina (on the Application of Wainwright) v Richmond Upon Thames London Borough Council: CA 20 Dec 2001

Castle v Crown Prosecution Service: Admn 24 Jan 2014

The defendant appealed from his conviction for having driven in excess of a variable speed limit on the motorway. He said that the Order under which the speed limit had been imposed was irregular. Pitchford LJ, Cranston [2014] RTR 19, [2014] WLR(D) 33, (2014) 178 JP 285, [2014] EWHC 587 (Admin), [2014] 1 WLR 4279 … Continue reading Castle v Crown Prosecution Service: Admn 24 Jan 2014

AA and Sons Ltd v Slough Borough Council: Admn 14 Apr 2014

Statutory review pursuant to section 124 and Schedule 9 paragraph 35 of the Road Traffic Regulation Act 1984 in relation to four traffic regulation orders adopted by Slough Borough Council in 2012 which concern four roads in a largely residential area within the Slough conurbation. [2014] EWHC 1127 (Admin) Bailii England and Wales Road Traffic … Continue reading AA and Sons Ltd v Slough Borough Council: Admn 14 Apr 2014

Ladd v Marshall: CA 29 Nov 1954

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

Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

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

Service Motor Policies at Lloyds v City Recovery Limited: CA 9 Jul 1997

Stolen cars had been recovered by the police, incurring the costs of removal. The insurers (now the owners) objected to the payment of fees before the cars were restored. They said that as owners they were exempt from mcharges imposed by section 102 of the 1984 Act. The defendant recoveryy service appealed. Held: The appeal … Continue reading Service Motor Policies at Lloyds v City Recovery Limited: CA 9 Jul 1997

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 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

Brotherston and Others v The Director of Public Prosecutions: Admn 3 Feb 2012

Four drivers said that the use of approved speed cameras for evidential purposes was unlawful. They argued that the cameras used were not ‘of a description specified’ under an Order. Held: The appeals failed. The different speed trap mechanisms were lawful and specified wihin the regulations. The court discussed the stages involved in the designation … Continue reading Brotherston and Others v The Director of Public Prosecutions: Admn 3 Feb 2012

Oxfordshire County Council, Regina (on The Application of) v The Bus Lane Adjudicator: Admn 26 Apr 2010

The driver was caught using a bus lane and issued with a fixed penalty notice. He appealed to the adjudicator. The Council now appealed against a finding that the area was not a designated bus lane allowing enforcement by civil penalty rather than being enforceable only by criminal process. It was also found that the … Continue reading Oxfordshire County Council, Regina (on The Application of) v The Bus Lane Adjudicator: Admn 26 Apr 2010

Herron and Another, Regina (on The Application of) v The Parking Adjudicator: CA 27 Jul 2011

The claimant appealed against refusal of judicial review of decisions of the parking adjudicator as to the correctness of 39 penalty charge notices. In each case, they said that the signage supporting the notice, in particular single and double yellow lines and flashes was inadequate or wrong. It was said that a failure of any … Continue reading Herron and Another, Regina (on The Application of) v The Parking Adjudicator: CA 27 Jul 2011

Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015

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

Jones v Director of Public Prosecutions: Admn 27 Jan 2011

The driver appealed against his conviction for exceeding the relevant maximum speed on a Special Road, the A55 in North Wales. The speed limit signs were designed to be illuminated, but the lamps were not working. Instructions had been given not to enforce the limit until the signs were repaired. The police argued that it … Continue reading Jones v Director of Public Prosecutions: Admn 27 Jan 2011

McTear v Imperial Tobacco Ltd: OHCS 31 May 2005

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

Nottingham City Council, Regina (on The Application of) v Bus Lane Adjudicator and Others: Admn 9 Mar 2017

Bus Lane Signage was not as required The Council sought review of decisions against it as to the infringement of bus lane rules. The Adjudicator had found that its signage was inadequate. Held: The Council had not used the sign required and the request for review failed. Lang DBE J [2017] EWHC 430 (Admin) Bailii … Continue reading Nottingham City Council, Regina (on The Application of) v Bus Lane Adjudicator and Others: Admn 9 Mar 2017

Iaciofano v Director of Public Prosecutions: Admn 15 Jul 2010

The defendant appealed against his conviction for speeding, saying that the device used to measure his speed was not approved. The only evidence relied on was that the officer said it had been installed in many police vehicles. Held: The magistrates had not been entitled to take judicial notice of such an opinion. Though a … Continue reading Iaciofano v Director of Public Prosecutions: Admn 15 Jul 2010

Chargot Limited (T/A Contract Services) and Others, Regina v: HL 10 Dec 2008

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

De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

(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 . .

Acts

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

Wawrzynczyk v Chief Constable of Staffordshire Constabulary: QBD 28 Feb 2000

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

Sheakh, Regina (on The Application of) v London Borough of Lambeth Council: CA 5 Apr 2022

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

Tchenguiz v Westminster City Council: Admn 7 Mar 2022

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

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

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

Partingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council: Admn 2 Apr 2003

Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order. Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate predisposition or even giving strong weight to his own manifesto commitment that Partingdale Lane should be re-opened, and … Continue reading Partingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council: Admn 2 Apr 2003

Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

law-bytes

Please note (June 2010: that these law-bytes will soon (but not very soon and slowly) be re-organised, and re-posted within the main swarb.co.uk law-blog. This will allow much more powerful crosslinking for users between the various pages. All the existing pages will be left in place, but only the replacements will be updated. Eventually all … Continue reading law-bytes