Mens Rea essential element of statutory Offence The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the premises were used for that purpose. Held: The … Continue reading Sweet v Parsley: HL 23 Jan 1969
Save exceptionally, a car park is not a road for the purposes of road traffic legislation on obligatory insurance. It is an unjustified strain on the language. A distinction made between the road ways and the parking bays was artificial and unhelpful. Whether any particular area was a road is a question of fact in … Continue reading Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd: HL 25 Nov 1998
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants asserted that a legitimate expectation had been created. Held: The abiding principle which underpins the legitimate expectation … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019
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
The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation of illegal immigration, fell within the European framework list, but section 65(2)(a) was not satisfied. Held: ‘the … Continue reading Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005
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
Prosecutor’s appeal against dismissal of drink driving case. Lord Justice Brooke, and Mr Justice Gage [1998] Crim LR 202, [1997] EWHC Admin 878 Bailii England and Wales Cited by: Cited – Regina v CS CACD 29-Feb-2012 The defendant appealed against the refusal of the judge to allow her defence of necessity in answer to a … Continue reading Director of Public Prosecutions v Rogers: Admn 15 Oct 1997
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
Prosecution to prove absence of genuine belief To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must be that mens … Continue reading B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000
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
Outer House – action for damages arising out of a tragic road traffic incident on 1 June 2010 when David Adam Young (the deceased) who was born on 7 March 1984 was killed by a dangerous driver. The pursuer is the mother of the deceased. Lady Rae [2014] ScotCS CSOH – 133 Bailii Scotland, Damages … Continue reading Young v Arthur MacVean: SCS 26 Aug 2014
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
The House endorsed the practice of imposing negative conditions in planning consents, upholding the validity of a condition that the development of the site could not commence until the road on the western boundary of the site had been closed by a road closure order which the Secretary of State would have to confirm which … Continue reading Grampian Regional Council v Secretary of State for Scotland: HL 1983
What makes a road a Road? The Court was asked whether a Road was a ‘road’ for the purposes of the 1984 Act’ Held: It has often been said that the public access mentioned in the definition of ‘road’ must be both actual access and legal or lawful access. However, simple reference to a requirement … Continue reading Bowen and Others v Isle of Wight Council: ChD 3 Dec 2021
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
The defendant appealed by case stated against his conviction for driving with excess alcohol. He said that the ‘service road’ on which he had driven was not a ‘road or public place’. Held: ‘The issue in this case being narrow, help to be derived from the relevant authorities can be summarised as follows. Any road … Continue reading Hallett v Director of Public Prosecutions: Admn 8 Mar 2011
Whether the car park where the driving took place was a ‘public place’ within the meaning of section 3. Held: The appeal failed.Laws LJ set out the following propositions as accurately summarising the relevant legal principles: a. The burden of proving that a particular location is a ‘public place’ rests on the Crown to prove … Continue reading May v Director of Public Prosecutions: Admn 15 Apr 2005
Judicial review of the decision by a review adjudicator to uphold a penalty notice issued by a local authority to the claimant for parking on a pavement forming part of a road. For part of its width, including the part where the vehicle had been parked, the pavement was owned by the claimant. The relevant … Continue reading Pereira, Regina (on The Application of) v London Borough of Southwark: Admn 3 Apr 2020
Mr Harrison was convicted by the Sheriff-substitute of an offence under section 7(4) of the 1930 Act on the ground that, while disqualified from holding a driving licence, he had driven a vehicle on a specific road. The Sheriff-substitute stated a case for appeal to the High Court. The facts admitted or proved included the … Continue reading Harrison v Hill: 1932
The Commissioner had been wrong to conclude that he could not bring prosecutions in respect of driving on a certain road because it was not a ‘road’ within the definition of the Road Traffic Act 1972. Having observed that ‘[c]ounsel and solicitors in magistrates’ courts, in the Divisional Court and in the Crown Courts can … Continue reading Adams v Commissioner of Police of the Metropolis: QBD 1980
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 in Harrison v Hill can really be summarised thus. A road is one to … Continue reading Director of Public Prosecutins v Vivier: QBD 1991
A 15-year old (Deacon or Deakin) who drove a motor car on a Council housing estate was charged with offences of driving a vehicle on a road A road in a housing estate, used only by those who resided in the estate or the visitors, and not by the public generally was held not to … Continue reading Deacon v AT (a minor): QBD 1976
A motorist was convicted of an offence of driving a vehicle on a road without due care and attention contrary to section 3 of the 1960 Act. The question for the High Court was whether the road was a road to which the public had access. The road, a private road, provided a link between … Continue reading Cheyne v MacNeill: HCJ 1973
The appellant had been convicted by justices of an offence of being in charge of a mechanically propelled vehicle on a public place while unfit through drink, contrary to section 4 of the 1988 Act. The issue was whether the vehicle was on a public place. The place in question was a private car park … Continue reading Director of Public Prosecutions v Richardson: Admn 27 Nov 2014
There was an allegation of an offence of dangerous driving contrary to section 2 of the 1988 Act. The issue was whether the car park where the driving had taken place, not being a road, was an ‘other public place’. The case turned on the fact that there was ‘no evidence of the general public … Continue reading Spence, Regina v: CACD 23 Mar 1999
Motoring offences under the 1972 Act were alleged. Justices dismissed the charges on the ground that the driving had not been proved to be on a ‘road’ within the statutory definition. Held: The prosecutor’s appeal succeeded. the Divisional Court remitted the case to the justices to clarify their findings of fact and their reasoning. Kilner … Continue reading Cox v White: QBD 1976
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
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
The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003
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
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were stayed as an abuse of process. The plaintiffs then instituted civil proceedings alleging conspiracy to injure and … Continue reading Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000
The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided. Held: (Majority: Lord Dyson, Lord Phillips, Lady Hale, Lord Judge and Lord Kerr. Dissenting: … Continue reading GC v The Commissioner of Police of The Metropolis: SC 18 May 2011
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
The charity appealed against refusal to allow it to reclaim input VAT. It also sought judicial review of the decision of the Tribunal not to allow it to raise an argument of legitimate expectation. The charity had various subsidiaries conducting commercial activities, which paid VAT in its supplies. The parties disputed how input taxes were … Continue reading Oxfam v Revenue and Customs: ChD 27 Nov 2009
Defence of Necessity has a Place in Criminal Law The defendant appealed against his conviction for driving whilst disqualified. He said he had felt obliged to drive his stepson to work because his stepson had overslept. His wife (who had suicidal tendencies) had been threatening suicide unless he drove the boy to work, since she … Continue reading Regina v Martin (Colin): CACD 29 Nov 1988
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations. Held: The prisoners’ appeals were allowed. Lord Bingham stated: ‘While an oral hearing is most obviously necessary to achieve a just decision in a case where facts are … Continue reading Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005
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
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
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
Appeal by Devon County Council (the defendant) against a decision of the Administrative Court quashing a traffic regulation order. Jackson, Kitchin, Briggs LJJ [2016] EWCA Civ 419 Bailii
A claimant sought as part of her damages for the cost of hiring a care whilst her own was off the road after an accident caused by the defendant. She agreed with a hire company to hire a car, but payment was delayed until the claim was settled. Held: The arrangement was a consumer credit … Continue reading Dimond v Lovell: HL 12 May 2000
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process. Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an offence alongside the defendant did not necessarily make thereby make a prosecution … Continue reading Regina v Latif; Regina v Shahzad: HL 23 Jan 1996
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
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
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
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
Police Entrapment is no defence to Criminal Act The defendant complained of his conviction for supplying controlled drugs, saying that the undercover police officer had requested him to make the supply. Held: It was an abuse of process for the police to go so far as to incite a crime. Lord Nicholls of Birkenhead said: … Continue reading Regina v Looseley (orse Loosely); Attorney General’s Reference No 3 of 2000: HL 25 Oct 2001
The driver had driven his car at a crowd of people intending to frighten them. Instead one had been killed. The insurers resisted liability saying that the use of the car for this purpose and as it was being used as a taxi, was not use for social domestic or pleasure purposes. Held: The court … Continue reading Keeley (Widow of Terence Noel James Keeley Deceased) v Pashen and Wren Motor Syndicate 1202 at Lloyd’s: CA 10 Nov 2004
The Service appealed by case stated against the dismissal of a charge of driving with excess alcohol. The arresting officer had not administered the roadside breath test not having one with him, and had not been trained to make the necessary assessment. The driver had said that the arrest without the test was unlawful. Held: … Continue reading Crown Prosecution Service, Regina (on The Application of) v Wolverhampton Magistrates’ Court: Admn 27 Nov 2009
The respondent had carried out the first round of a badger cull, subject to supervision and reporting by an independent expert panel. Promoises were made, the claimant said, that the panel’s role would be maintained for any subsequent round. The panel’s report was critical. The Trust now sought judicial review of a decision that a … Continue reading Badger Trust, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs: Admn 29 Aug 2014
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
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
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
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now private. She appealed an order declaring the continued public rights. Held: The applicant … Continue reading Rowland v The Environment Agency: CA 19 Dec 2003
The court was asked whether evidence of the commission of the criminal offence of causing death by careless driving contrary to section 2B of the 1988 Act is capable of justifying a verdict of ‘unlawful killing’ at an inquest. Held: The coroner had been wrong to leave the offences of causing death by dangerous driving … Continue reading Wilkinson, Regina (on The Application of) v HM Coroner for The Greater Manchester South District: Admn 11 Oct 2012
An interview took place when an appellant, who was later charged with dangerous driving and taking a motor vehicle without authority, was asked why he was hiding, to which he replied ‘I don’t want to get caught.’ He was then arrested for taking a conveyance without authority, to which he said, according to the officers, … Continue reading Regina v Wayne Ward: CACD 29 Jul 1993
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
The claimants, who promoted responsible motorsports challenged the defendant’s Traffic Regulation Order banning vehicular traffic on certain unsealed roads in the Dales, saying that there was nothing to show that the relevant committee had taken . .
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
The defendant had been accused of attempting to import controlled drugs, but the substances actually found were not in fact a controlled drug, though he had believed and intended them to be. He appealed saying that he should not be conviced of an . .
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties . .
Challenge to parking scheme.
Held: As to section 122 of the 1984 Act, if the Defendant has not had proper regard to the matters set out in section 122(1) and (2) it did not direct its mind to matters it was bound to consider.
Section . .
The claimants sought judicial review of a ‘designation order’ made by the defendant under section 45 of the Road Traffic Regulation Act 1984, designating controlled parking zones in the Brownswood and Lordship wards of the defendant Borough and . .
The claimant challenged the validity of parking orders made by the Council, in the imposition of charges for motor-cycles.
Held: The challenge was rejected. Pitchford LJ said: ‘ It seems to me almost self-evident that there will be a need to . .
References: [1974] RTR 304, [1974] 1 All ER 1087, [1974] QB 424 Coram: Lord Widgery Chief Justice 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. Held: The court … Continue reading Taylor v Rajan; 2 Jan 1974
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Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
