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swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. Â |
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Road Traffic - From: 2004 To: 2004This page lists 62 cases, and was prepared on 02 April 2018. ÂRegina v Hall [2004] EWCA Crim 2671 2004 CACD Criminal Sentencing, Road Traffic The court considered the propriety of making an anti-social behaviour at the same time as sentencing for traffic offences: "There is nothing wrong in principle in making such an order when there are driving offences of such a regularity and type and in such an area that they do constitute anti-social behaviour." 1 Citers  Hayes v Director of Public Prosecutions [2004] EWHC 277 (Admin) 2004 Admn Road Traffic, Magistrates Absence of caution from form requesting information form driver. 1 Cites  Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions [2004] EWHC 28 (QB); Gazette, 05 February 2004 19 Jan 2004 QBD Mr Justice Newman Road Traffic, Personal Injury, Local Government The claimant asserted a common law duty on the respondent to maintain a roadway free of frost. Held: No such common law duty existed. Where parliament has conferred a discretionary power, "… the minimum preconditions for basing a duty of care upon the existence of a statutory power, if it can be done at all, are, first, that it would in the circumstances have been irrational not to have exercised the power, so that there was in effect a public law duty to act, and secondly, that there are exceptional grounds for holding that the policy of the statute requires compensation to be paid to persons who suffer loss because the power was not exercised." In the absence of a duty under section 41(1) of the 1980 Act, the respondent had power under section 62(2) to promote the scheme to prevent ice on highways. Section 62(2) provides for work for the improvement of the highway. There was no general common law duty on highway authorities to prevent the formation of ice on roads. Highways Act 1980 41(1) 1 Cites 1 Citers [ Bailii ]  Tracy, Regina (on the Application Of) v Bangor Magistrates' Court [2004] EWHC 172 (Admin) 21 Jan 2004 Admn Magistrates, Road Traffic [ Bailii ]  Beckett, Regina (on The Application of) v Aylesbury Crown Court [2004] EWHC 100 (Admin) 22 Jan 2004 Admn May LJ Road Traffic, Police 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 law, a police officer has the power, provided he or she does not act capriciously or in bad faith, or provided there is no malpractice or oppression or opprobrious behaviour, to stop a motorist on the road. If thereafter there is a reasonable suspicion of drinking, a breath test may be administered." Road Traffic Act 1988 5(1)(a) 1 Cites [ Bailii ]  Pickett v Motor Insurers' Bureau [2004] EWCA Civ 6 22 Jan 2004 CA Road Traffic, Insurance [ Bailii ]  Director of Public Prosecutions v Janman [2004] EWHC 101 (Admin); Times, 29 January 2004 22 Jan 2004 Admn May LJ, Nelson J Road Traffic, Crime 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 in charge of the vehicle, and the case was remitted to the magistrates Road Traffic Act 1988 5 [ Bailii ]  Khatibi v Director of Public Prosecutions [2004] EWHC 83 (Admin) 28 Jan 2004 Admn May LJ, Nelson J Road Traffic, Crime Road Traffic Act 1988 5(1) 1 Cites 1 Citers [ Bailii ]  Rogers v National Assembley for Wales [2004] EWCA Civ 250 29 Jan 2004 CA Road Traffic, Personal Injury [ Bailii ]  Jones v Director of Public Prosecutions [2004] EWHC 236 (Admin) 30 Jan 2004 Admn May LJ, Nelson J Road Traffic 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 letter accompanying and information cross referenced from the letter provided all the information requested. However the form required him to name the driver, and that he had not done. He could not however do so: "this conviction was, in large measure, based on an erroneous judgment as to the matter of the form and that, in those circumstances, it seems to me only right that this appeal should be allowed. The matter should be returned to the deputy district judge with a direction to acquit. " Road Traffic Act 1988 172 1 Cites 1 Citers [ Bailii ]  Kemsley v Director of Public Prosecutions [2004] EWHC 278 (Admin) 4 Feb 2004 Admn Road Traffic, Crime 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 intoximeter device had been modified in answer to criticisms of its inability to differentiate the presence of mouth alcohol. The device was not the same as that which has been approved, the results of its use cannot be admissible even where it was substantially like an approved device, and even if its performance is the same as that of an approved device. Since it had been modified, it was no longer an approved device. However if the judge had accepted that it was not an approved device, the reading could not have been admitted. Road Traffic Act 1988 5(1)(a) 1 Citers [ Bailii ]   R McDonald v Coys of Kensington Ltd; CA 5-Feb-2004 - [2004] EWCA Civ 47; Gazette, 11 March 2004; [2004] 1 WLR 2775   Brewer v Director of Public Prosecutions; QBD 11-Feb-2004 - Times, 05 March 2004  Garratt v Saxby [2004] EWCA Civ 341; Gazette, 18 March 2004; [2004] 1 WLR 2152 18 Feb 2004 CA Ward, Buxton, Dyson LJJ Road Traffic, Negligence, Litigation Practice, Costs There had been a Part 36 offer to settle the action. It was disclosed inadvertently to the judge. Held: There had been no serious procedural irregularity, and fairness and justice did not require a rehearing before different judge. 1 Cites 1 Citers [ Bailii ]  Mohindra v Director of Public Prosecutions; Browne v The Chief Constable Of Greater Manchester [2004] EWHC 490 (Admin); Times, 30 March 2004 15 Mar 2004 Admn Road Traffic 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 addressed to the registered keeper. In the one case to gave the information, and under the second, to provide such information as they had. The two differing obligations created two offences. As charged the offences were bad for duplicity. Road Traffic Act 1988 172(2)(a)172(3) [ Bailii ]  Brown v Procurator Fiscal [2004] ScotHC 19 17 Mar 2004 HCJ Crime, Road Traffic [ Bailii ]   Francis v Director of Public Prosecutions; QBD 23-Mar-2004 - [2004] EWHC 591 (Admin)  Myles v Director of Public Prosecutions [2004] EWHC 594 (Admin) 24 Mar 2004 Admn Road Traffic Road Traffic Act 1988 6(4) [ Bailii ]  Tuck v Vehicle Inspectorate [2004] EWHC 728 (Admin) 24 Mar 2004 Admn Kennedy LJ, Kackay J Road Traffic, Magistrates The defendant appealed a conviction for exceeding the gross permitted weight on a goods vehicle. The magistrates having heard the case, the defendant submitted there was no case to answer, the prosecution having failed to bring evidence as to the plate attached to the vehicle. The magistrates allowed the inspector to be recalled. Held: The magistrates' had a limited discretion to allow a party to re-open his case. In this case the additional evidence was not merely formal and technical, but no loss had been occasiond to the defendant. Appeal dismissed. Road Vehicles (Construction and Use) Regulations 1986 80(10(b) 1 Cites 1 Citers [ Bailii ]  Marlon Miller v Director of Public Prosecutions [2004] EWHC 595 (Admin); Times, 07 June 2004 25 Mar 2004 Admn Mr Justice Richards Magistrates, Road Traffic, Human Rights The defendant pleaded guilty by post in March 1999 to speeding offences. The magistrates wanted to consider and (unlawfully) issued a warrant backed for bail. The warrant was not served until 2001. The appeal took a further long period. Held: The delay was so unreasonable for this kind of case as to amount to an infringement of the defendant's rights. There had been no difficulty created however in deciding the case, and therefore the conviction stood. The issue was remedied to the extent possible, by treating the delay as an exceptional hardship, and reducing the consequent totting up disqualification to 5 months. An order for costs was confirmed against the CPS. European Convention on Human Rights 8 [ Bailii ]   Gorringe v Calderdale Metropolitan Borough Council; HL 1-Apr-2004 - [2004] UKHL 15; Times, 02 April 2004; [2004] 1 WLR 1057; [2004] RTR 27; [2004] 2 All ER 326   Huntley, Regina (on the Application of) v Director of Public Prosecutions; Admn 2-Apr-2004 - [2004] EWHC 870 (Admin)  Johnson, Regina (on the Application Of) v Reading Borough Council [2004] EWHC 765 (Admin) 6 Apr 2004 Admn Licensing, Road Traffic Challenge to increase in number of taxi licenses. [ Bailii ]  Durham County Council v North Durham Justices [2004] EWHC 1073 (Admin) 27 Apr 2004 Admn Road Traffic, Magistrates Whether magistrates could adjourn cases to allow personal service of summonses. Magistrates' Courts Rules 1981 99 [ Bailii ]  Andrews v Reading Borough Council [2004] EWHC 970 (QB) 29 Apr 2004 QBD Mr Justice Collins Road Traffic, Damages, Human Rights The claimant sought damages for increased road noise resulting from traffic control measures taken by the respondent. Held: The defendants action to strike out the claim could not succeed. They had not shown that the claim was unarguable, however difficult were the prospects of success. European Convention on Human Rights 8 1 Cites [ Bailii ]  Kapper C-476/01; [2004] EUECJ C-476/01; [2004] ECR I-5205 29 Apr 2004 ECJ Road Traffic, Licensing (Judgment) Directive 91/439/EEC - Mutual recognition of driving licences - Residence requirement - Article 8(4) - Effects of withdrawal or cancellation of a previous driving licence - Recognition of a new driving licence issued by another Member State [ Bailii ]  Lamoon v Fry [2004] EWCA Civ 591 29 Apr 2004 CA Rix LJ, Peter Gibson LJ, Longmore LJ Road Traffic, Personal Injury A collision occurred between a motor car and a cyclist. The driver appealed a finding that he had been driving too quickly, and that that was a cause of the accident. The claimant had cut across a right hand corner of the narrow unmarked lane. The lane had high hedges. The cyclist was 60% to blame. Held: The appeal failed. Rix LJ said: "So far as causation is concerned, I am similarly satisfied that it is impossible to say that the judge was wrong to conclude that the excessive speed was a cause of the collision. I accept [the] submission that, albeit, as the judge found, the motorist was properly keeping to his side of the road while taking this bend, nevertheless on such a road he had to be aware of the possibility of other users of the road who may be at risk if he drove too fast for those conditions. At a slower speed, alive to that danger, he could well have avoided a collision, even if he could not have stopped within the distance. It was for the judge to assess that matter: he assessed it as probable, and I cannot say he was wrong to do so." Law Reform (Contributory Negligence) Act 1945 1(1) 1 Citers [ Bailii ]  Forde, Regina (on the Application Of) v Director of Public Prosecutions [2004] EWHC 1156 (Admin) 6 May 2004 Admn Road Traffic Failure to provide specimen of blood. Road Traffic Act 1988 7(6) [ Bailii ]  Director of Public Prosecutions v Parker Times, 29 June 2004 7 May 2004 QBD Rafferty J Road Traffic The defendant had driven a two wheeled vehicle, but with a closed cockpit. The prosecutor appealed dismissal of the case against him for not having worn a safety helmet. Held: The machine had enhanced safety features, but despite these, it remained a motor-cycle, and the law required him to wear a helmet.  Pownall and Rodber, Regina (on the Application Of) v Flintshire Magistrates Court [2004] EWHC 1289 (Admin) 14 May 2004 Admn Road Traffic [ Bailii ]  Girbash v Main Line Auto Engineering Ltd [2004] EWCA Civ 614 24 May 2004 CA Lord Justice Clarke Road Traffic, Personal Injury [ Bailii ]  John Mann International Ltd v Vehicle Inspectorate [2004] EWHC 1236 (Admin) 28 May 2004 Admn Road Traffic [ Bailii ]   Richards and Another, Regina (on the Application of) v Pembrokeshire County Council; CA 8-Jun-2004 - [2004] EWCA Civ 813  Parkinson v Dyfed Powys Police [2004] EWCA Civ 802 10 Jun 2004 CA Road Traffic, Negligence 1 Cites [ Bailii ]  Philip Owen Lloyd-Wolper v Robert Moore; National Insurance Guarantee Corporation Plc, Charles Moore [2004] EWCA Civ 766; Times, 06 August 2004; [2004] 3 All ER 741; [2004] 1 WLR 2350 22 Jun 2004 CA Lord Justice Pill, Lord Justice Rix Insurance, Road Traffic, Personal Injury 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 under a mistake. A permission which would arise only subject to and upon the fulfillment of a condition was not a permission until that condition was fulfilled, but a permission given did not cease to be one only such for mistake. There was no relevance in different kinds of mistake. Pill LJ said: "permission does not cease to be permission for the purposes of the statute because, in good faith, the person giving it believes that the person to whom it is given is covered by the policy when in fact the person is not." Road Traffic Act 1988 151 1 Cites 1 Citers [ Bailii ]  Dunmill, Regina (On the Application of) v Director Of Public Prosecutions [2004] EWHC 1700 (Admin) 5 Jul 2004 Admn McCombe J Road Traffic The defendant appealed his conviction for driving with excess alcohol. He had driven his car within a camping site at Hayling Island. He might have been charged with driving on a road or other public place, but was charged with driving on a road. It was too late on appeal to widen the wording. The site contained some 350 plots, on 180 of which caravans were sited, with a tarmac perimeter road and what were described as "grass roadways" between the caravan and tent pitch sites. The Justices were advised by their clerk: "'Road' means any highway and any other road to which the public has access . . In determining whether a place is a 'road' for the purposes of the 1988 Act, the question to be asked, if the place is not a highway, is whether it is a road to which the general public have actual and legal access. A road has the physical character of a defined or definable route or way, with ascertained or ascertainable edges, leading from one point to another with the function of serving as a means of access enabling travellers to move conveniently from one point to another along a definable route." The Justices convicted on the basis that the place where he was driving was one to which the public had access. Held. The appeal succeeded. The Justices had concentrated on that question without first considering the logically anterior question whether this was a road at all. mcCombie J said: "Looking at the evidence which the justices recite in their case, the only material that we find is that the collision, to which admittedly Mr Dunmill was a party, occurred on a grass area, and there was the evidence of Mr MacCullum who had seen skid marks, not necessarily near the collision site, but apparently near the tent where the appellant had been staying, which strayed onto a roadway. It does not seem to me, therefore, that that slender evidence was sufficient to take the site in this case out of what one might generically have thought a caravan site to be, namely not 'a road' as such. Moreover, it seems to me that those two features of evidence were not sufficient in any event to establish this as being a road within the meaning of the charge." 1 Citers [ Bailii ]  Plunkett, Regina (on the Application Of) v Director of Public Prosecutions [2004] EWHC 1937 (Admin) 6 Jul 2004 Admn Road Traffic Road Traffic Act 1988 83 [ Bailii ]  Wilson v Donaldson [2004] EWCA Civ 972 9 Jul 2004 CA Lord Justice Potter Lord Justice Rix Mr Justice Munby Animals, Road Traffic Cattle strayed from a field onto the road. A motorist was injured and claimed damages. The farmer appealed. Held: the judge had been correct that the farmers should have recognised the risk, and taken simple and inexpensive steps to avoid the risk. The ancient common law immunity for animals was abolished in 1971. '. . the defendant is in business as a farmer, having therefore to exercise his mind about the risks inherent in his business and the means of protecting against such risks, whether such protection is to himself, the set-up of his farm or to third parties.' Appeal dismissed. Animals Act 1971 1 Cites 1 Citers [ Bailii ]   Welsh, Regina (on the Application of) v Watford Borough Council; Admn 13-Jul-2004 - [2004] EWHC 1839 (Admin)  Fiona Thompson v Hampshire County Council [2004] EWCA Civ 1016; Times, 14 October 2004 27 Jul 2004 CA Potter, Lord Justice Potter Lord Justice Rix Lord Justice Carnwath Road Traffic, Personal Injury The claimant fell into a ditch by a path on the highway in the dark. She appealed a finding of no liability on the highway authority. Held: The authority's responsibility was as to the surface structures of the road way and not as to the layout. 1 Cites 1 Citers [ Bailii ]   Regina (on the Application of P Richards and G Richards) v Pembrokeshire County Council; CA 29-Jul-2004 - [2004] EWCA Civ 1000  Commission v Spain C-195/02; [2004] EUECJ C-195/02; Times, 11 October 2004 9 Sep 2004 ECJ European, Road Traffic The commission complained at the system introduced by the member that any driver taking up residence in Spain had to register his driving licence or lose the ability to use it as authority to drive. Held: The system was contrary to the Community driving licence directive. The recognition of licences from other member states had to be carried out withour any formality.The scheme was unnecessary for the purposes of enforcement, and drivers could register their licences voluntarily. 1 Cites [ Bailii ]  Beatrice v Director of Public Prosecutions [2004] EWHC 2416 (Admin) 6 Oct 2004 Admn Road Traffic Road Traffic Act 1988 5(1)(a) [ Bailii ]  Martiner, Regina (on the Application of) v Director of Public Prosecutions [2004] EWHC 2484 (Admin) 11 Oct 2004 Admn Road Traffic Road Traffic Act 1988 7(6) [ Bailii ]  Khan, Regina (on the Application of) v Director of Public Prosecutions [2004] EWHC 2505 (Admin) 12 Oct 2004 Admn David J Road Traffic, Criminal Sentencing Defendant pleaded guity to drink driving - claim for special reasons - appeal against finding of absence of special reasons to disqualify. Road Traffic Act 1988 5 1 Cites [ Bailii ]  Harrison, Regina (on the Application Of) v Flintshire Magistrates' Court [2004] EWHC 2456 (Admin) 13 Oct 2004 Admn Road Traffic, Magistrates The defendant had been convicted of speeding. At the time the road was thought to be subject to the 30 mph limit but was in fact subject only to the national speed limit. Her solicitors had delayed their application for judicial review. Held: "Where an unjust sentence has been imposed upon a claimant, then, notwithstanding the very long period of delay that has elapsed since she learnt about it, it would, in my view, be unjust to deprive her of relief on that ground alone. " She would however have still been subject to prosecution for traveling in excess of the national speed limit. The sentence was quashed and the matter remitted to the magistrates for recitification and re-sentence. Road Traffic Regulation Act 1984 81(1) 89(1) - Magistrates Courts Act 1980 142(1) [ Bailii ]  Director of Public Prosecutions v Barker [2004] EWHC 2502 (Admin) 19 Oct 2004 Admn Road Traffic Driving whilst disqualified - ban expired but no test taken - burden of evidence 1 Cites [ Bailii ]  Director of Public Prosecutions v Evans [2004] EWHC 2785 (Admin) 20 Oct 2004 Admn Road Traffic Speeding Road Traffic Regulation Act 1984 [ Bailii ]  Director of Public Prosecutions v Swan [2004] EWHC 2432 (Admin) 21 Oct 2004 Admn Road Traffic Road Traffic Act 1988 1 Cites [ Bailii ]  Jones v Director of Public Prosecutions [2004] EWHC 3165 (Admin) 22 Oct 2004 Admn Road Traffic Road Traffic Act 1988 5(1)(a) [ Bailii ]  Ijaz, Regina (on the Application Of) v Director of Public Prosecutions [2004] EWHC 2635 (Admin) 29 Oct 2004 Admn Road Traffic Road Traffic Act 1988 5(1)(a) [ Bailii ]  Zafar v Director of Public Prosecutions [2004] EWHC 2468 (Admin); Times, 07 January 2005 1 Nov 2004 Admn Silber J, Gibbs J Road Traffic 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 breath and mouth breath, the Act did not. The word 'breath' had to be taken to have its dictionary meaning, which was 'air exhaled from any thing'. The approval of the intoximeter could not be used as an aid to interpretation of the statute. Silber J said: "I conclude that there is nothing in the Road Traffic Act or in the Road Traffic Offenders Act which suggests that the word 'breath' should have a special meaning or that the dictionary definition of 'breath' should not apply. It is noteworthy that the statutory provision refers to 'breath' and not to 'deep lung air'. What [counsel] is seeking to persuade us to do is to rewrite the statutory provision and that is not correct." The definition of "breath" in section 5 of the Road Traffic Act included all of that which is exhaled and not just deep lung air. Road Traffic Act 1988 5(1)(a) 1 Citers [ Bailii ] - [ Bailii ]  Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions Times, 15 November 2004; [2004] EWCA Civ 1440 5 Nov 2004 CA Lord Justice Brooke Lord Justice May Lord Justice Thomas Road Traffic The claimant's husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe. Held: The respondent had not assumed a general responsibility to all road users to ensure that all or any trunk roads would be salted in freezing conditions. It is the primary responsibility of motorists to take care for their own safety and that of their passengers and other road users, and there was no evidence that the deceased had relied on an expectation that the road had been salted. Appeal dismissed. Highways Act 1980 1 Cites 1 Citers [ Bailii ]   Keeley (Widow of Terence Noel James Keeley Deceased) v Pashen and Wren Motor Syndicate 1202 at Lloyd's; CA 10-Nov-2004 - [2004] EWCA Civ 1491; Times, 17 November 2004; [2005] 1 WLR 1226  Causey v Director of Public Prosecutions [2004] EWHC 3164 (Admin) 11 Nov 2004 Admn Road Traffic Road Traffic Act 1988 7(6) [ Bailii ]  Crown Prosecution Service v Bate [2004] EWHC 2811 (Admin) 22 Nov 2004 Admn Road Traffic Road Traffic Act 1988 5(1)(b) [ Bailii ]  Regina vCliff Times, 01 December 2004 25 Nov 2004 CACD Gage LJ, Nelson J, Field J Criminal Sentencing, Road Traffic The defendant had been convicted of an affray. A car was used in the course of the defendant getting to the scene. He appealed against a sentence of imprisonment and disqualification from driving for two years. Held: A disqualification could be imposed even though the offence was not a driving offence as such. The section was wide in its ambit, and was wider than its predecessors. There were good reasons for the disqualification, since the circumstances included an allegation of the defendant having driven whilst tipsy and colliding with another car, but a nine month disqualification was substituted. Powers of Criminal Courts (Sentencing) Act 2000 146  Skinner v Director of Public Prosecutions [2004] EWHC 2914 (Admin) 29 Nov 2004 Admn Rose LJ, Pitchford J Road Traffic Road Traffic Act 1988 5(1) [ Bailii ]  Whitlam v Hazel for Lloyds Syndicate 260 (T/A K6M Motor Policies at Lloyds) [2004] EWCA Civ 1600 2 Dec 2004 CA Insurance, Road Traffic Motor insurer seeking to avoid policy for non-disclosure by insured that trainee golf-pro. [ Bailii ]  Coates, Graves v Regina [2004] EWCA Crim 3049 2 Dec 2004 CACD Mr Justice Butterfield Lord Justice Auld Mr Justice Hedley Crime, Road Traffic Appeal against conviction for causing death by dangerous driving - lorry driver having driven for 20 hours and also employer. [ Bailii ]  Lewis, Regina (on the Application Of) v the Director of Public Prosecutions [2004] EWHC 3081 (Admin) 10 Dec 2004 Admn Road Traffic, Crime Road Traffic Act 1988 5 [ Bailii ]   Vehicle and Operator Services Agency, Regina (on the Application of) v Henderson; Admn 15-Dec-2004 - [2004] EWHC 3118 (Admin)  |
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