The defendant was prosecuted after selling hot dogs from a van parked on a busy street in Oxford. The court was asked when such would become an illegal obstruction.
Held: Such a use ‘could not . . be said to be incidental to the right to pass and repass along the street.’
Lord Parker CJ said: ‘It is undoubtedly true – counsel for the appellant is quite right – that there must be proof that the user in question was an unreasonable use. Whether or not the user amounting to an obstruction is or is not an unreasonable use of the highway is a question of fact. It depends on all the circumstances, including the length of time the obstruction continues, the place where it occurs, the purpose for which it is done, and, of course, whether it does in fact cause an actual obstruction as opposed to a potential obstruction.’
Judges:
Lord Parker CJ
Citations:
[1965] 1 All ER 78, [1965] 1 WLR 280
Jurisdiction:
England and Wales
Cited by:
Applied – Hirst and Agu v Chief Constable of West Yorkshire QBD 1987
The defendants were arrested after distributing leaflets outside a furriers, and appealed against convictions for obstructing the highway.
Held: The appeals succeeded. In deciding whether there was a lawful excuse for a technical obstruction . .
Cited – Director of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . .
Cited – Jones and Lloyd v Director of Public Prosecutions Admn 23-Jan-1997
The appellants had been peacefully protesting at Stonehenge. They were among others who refused to leave when ordered to do so under an order made by the police officer in charge declaring it to be a trespassory assembly under the 1986 Act. They . .
Cited – Scott v Mid-South Essex Justices and Keskin Admn 25-Mar-2004
The private prosecutor appealed against the dismissal by the magistrates of his allegation that the defendant had unlawfully obstructed the highway. In essence the question was whether Mr Keskin should have been found to have a lawful excuse. He . .
Lists of cited by and citing cases may be incomplete.
Crime, Land
Updated: 11 May 2022; Ref: scu.192191
