Montgomery v Loney: CANI 1959

When asking whether a roadway is a public road, one asks whether there is about those who obtain permission to enter ‘some reason personal to them for their admittance’, and ‘Generally, the decision will be a matter of fact and degree, but whether the material for consideration suffices to support one view or the other is a matter of law. ‘

Lord MacDermott CJ
[1959] NI 171
England and Wales
Cited by:
CitedDirector of Public Prosecutins v Vivier QBD 1991
There had been a traffic accident in a large privately owned caravan park.
Held: Premises will be private where they are entered for reasons beneficial to the occupier. Referring to Harrison v Hill: ‘What Lord Sands, and indeed Lord Clyde, say . .
CitedRichardson v Director of Public Prosecutions Admn 28-Feb-2019
Private Car park was not a public plae.
The defendant appealed from his conviction for being drunk in charge of a vehicle in a public place. The place was marked private but allowed for paring for designated businesses.
Held: The appeal succeeded. The phrase public phrase had to be . .

Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 10 December 2021; Ref: scu.231477