Scott and Another v Westminster City Council: CA 20 Mar 1995

A vendor’s ‘hot chestnut’ stall was an ‘item deposited on highway’ and could be removed by the Council under the 1980 Act. Waite LJ said: ‘The verb ‘to deposit’ is a term of wide connotation, apt to describe any state of affairs in which one object is placed upon another. Like all words of wide import, it is liable to attract shades of meaning which, according to the context, indicate that the placement contemplated shall have a particular connotation . . It is therefore an expression to be judged in the light of its context, and, being so common a word, the number of differing contexts in which it is liable to occur is almost limitless. But unless a particular context otherwise dictates, it should be interpreted in the broad sense in which it is used in everyday speech. One of the consequences of its flexibility is that there may be cases in which it will be difficult to determine whether a particular placement has the characteristics of a deposit or not . . ‘

Judges:

Waite LJ

Citations:

Ind Summary 20-Mar-1995, [1995] RTR 32

Statutes:

Highways Act 1980 149(2)

Jurisdiction:

England and Wales

Cited by:

CitedThames Water Utilities Ltd v Bromley Magistrates’ Court Admn 20-Mar-2013
Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage.
Held: The request for review failed: ‘the answer to the question whether . .
Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 27 October 2022; Ref: scu.89063