In the absence of evidence of calibration of an Intoximeter either before or after the second specimen was produced, there had been a failure to prove the precondition that the machine was working satisfactorily. Citations:  RTR 281 Jurisdiction: England and Wales Cited by: Cited – Sneyd v Director of Public Prosecutions Admn 24-Feb-2006 The … Continue reading Mayon v Director of Public Prosecutions: 1988
A Zairese national living in Paris, went to the airport to collect, as he said, a parcel of foodstuffs sent from Africa. He could not find this, but was shown a locked trunk, which he was advised to leave alone. He however took possession of it, . .
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The duty on a local authority to promote road safety did not remove from them the discretion as to how that duty was to be implemented. A claim that the authority had failed to place certain signage, and that an accident had occurred which might not otherwise have done. The duty was a target duty, … Continue reading Larner v Solihull Metropolitan Borough Council: CA 20 Dec 2000
The claimant sought damages, alleging that an accident occurred as a result of the defendant highway authority’s negligence in failing to mark the road properly. A ‘Slow’ sign had become faded and had not been maintained.
Held: The judge had . .
Judges: Toulson LJ, Forbes J Citations:  EWHC 3006 (Admin), (2009) 172 JP 17 Links: Bailii Statutes: Road Traffic Act 1988 172 Jurisdiction: England and Wales Road Traffic Updated: 26 July 2022; Ref: scu.343956
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
A-G’s appeal against sentence of 15 months Custody Probation following the defendant’s conviction for causing death by careless driving having consumed excess alcohol. Judges: Nicholson LJ. Campbell LJ and Coghlin J Citations:  NICA 39 Links: Bailii Statutes: Criminal Justice Act 1988, Road Traffic (Northern Ireland) Order 1995 14(1)(b) Northern Ireland, Criminal Sentencing Updated: 08 … Continue reading McManus, Regina v: CANI 19 Oct 2006
Citations:  EWHC 3234 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 05 July 2022; Ref: scu.239264
The defendant sought judicial review of the refusal by the magistrates to state a case. He was convicted for failing to identify the driver of a motor cycle of which he was a registered keeper which had been caught by a speed camera. Either of two riders might have been using it. Held: Having failed … Continue reading Flegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst: Admn 21 Feb 2006
Citations:  EWHC 314 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 22A(1) Jurisdiction: England and Wales Road Traffic Updated: 05 July 2022; Ref: scu.239150
Citations:  EWHC 1395 (Admin) Links: Bailii Statutes: Road Traffic Offenders Act 1988 Jurisdiction: England and Wales Road Traffic Updated: 01 July 2022; Ref: scu.228891
The defendant appealed against his conviction for having failed to identify the driver of a car caught speeding by a camera. He was the registered keeper. He completed and returned the form, but did not sign it. The statute imposed no explicit obligation to sign it. He also said that since he was already suspected … Continue reading Francis v Director of Public Prosecutions: QBD 23 Mar 2004
Citations:  EWHC Admin 664 Links: Bailii Statutes: Road Traffic Act 1988 5 Citing: Cited – Taylor v Rajan 2-Jan-1974 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. … Continue reading Regina v St Albans Crown Court ex parte O’Donovan: Admn 9 Jul 1999
Citations:  EWHC Admin 529 Links: Bailii Statutes: Road Traffic Act 1988 85 Citing: Cited – Taylor v Rajan 2-Jan-1974 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. … Continue reading Director of Public Prosecutions v Elsender: Admn 9 Jun 1999
Application for judicial review of conviction for driving with excess alcohol. Allegation of police failure to inform him of procedure. Judges: Lord Bingham LCJ, Collins J Citations:  EWHC Admin 1040 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 27 May 2022; Ref: scu.139161
The prosecutor appealed acquittal of a police officer who had been driving at 150mph. The judge had allowed for the fact that the officer believed that this was safe because of his training. Held: The appeal succeeded. The test was objective. Judges: Hallett LJ Citations:  EWHC 242 (Admin) Links: Bailii Statutes: Road Traffic ACt … Continue reading Director of Public Prosecutions v Milton: Admn 1 Feb 2006
The defendant appealed against his conviction for driving with excess alcohol. The officer had given evidence that at the time of the test all of the readings showed that the machine was working properly. That evidence was not challenged by the defence. Held: The court rejected, submissions that the print-out had not been put in … Continue reading Greenway v Director of Public Prosecutions: 1993
The defendant appealed his conviction for driving with excess alcohol. The readings on the Intoximeter were too wide apart and the officer requested a blood specimen. He complained that he had not been given a fresh warning before this request. Held: The requests were part of the same transaction. There was no requirement to repeat … Continue reading Edmond v Director of Public Prosecutions: Admn 23 Feb 2006
Citations:  EWHC Admin 39 Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Road Traffic Updated: 05 May 2022; Ref: scu.136587
When required to give a sample of breath, the motorist consented but made his consent conditional upon first having access to a law book. He was charged with refusing to provide a specimen of breath without a lawful excuse. A motorist is not entitled to add a condition to his consent, and he had no … Continue reading Director of Public Prosecutions v Noe: QBD 19 Apr 2000
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
Where a defendant to a charge of driving with excess alcohol, sought to test the accuracy of the Intoximeter, the Magistrates should consider whether the evidence was as to the particular Intoximeter used, and was of sufficient quality to displace the presumption in law that the Intoximeter system in general works. The evidence in such … Continue reading Director of Public Prosecutions v Andrew Earle Anthony Brown, Jose Teixeira: QBD 16 Nov 2001
Failure to name driver Judges: Sir Ross Cranston Citations:  EWHC 2546 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 172 Jurisdiction: England and Wales Road Traffic Updated: 01 April 2022; Ref: scu.599394
The defendant challenged the obligatory requirement that evidence given by a person under 17 in sex or violent offence cases must normally be given by video link. Held: The purpose of the section was to improve the quality of the evidence presented to a court. There was no absolute right for a defendant to be … Continue reading D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court: HL 27 Jan 2005
Appeal by way of case stated from a convicting the Appellant of three road traffic offences, including failure to provide a specimen of breath for analysis contrary to section 7(6) of the 1988 Act. The ground of appeal is that the justices wrongly acceded to the prosecution application to allow a police officer to refresh … Continue reading Cummings v Crown Prosecution Service: Admn 15 Dec 2016
The claimant sought damages in defamation in respect of statements made on internet bulletin boards. He pursued the operators of the bulletin boards, and the court now considered the liability of the Internet Service Providers whose systems had inevitably carried the traffic from the bulletin boards to their own customers. Held: The claims were struck … Continue reading Bunt v Tilley and others: QBD 10 Mar 2006
The appellant challenged his conviction for aiding an abetting the causing of death by dangerous driving as a passenger. The driver had been drunk. Held: The mere intoxication of the driver was not of itself and alone sufficient to establish dangerous driving. Woodward decided only that evidence of drinking was admissible, not that it was … Continue reading Webster v Regina: CACD 3 Mar 2006
J sought habeas corpus to avoid her extradition to California on a charge of manslaughter arising from a motor accident. Her counsel argued that the unlawful killing of another by the reckless driving of a motor vehicle on a road was no longer manslaughter by the law of England, since the enactment of the Road … Continue reading Regina v Government of Holloway Prison, Ex parte Jennings: HL 1983
Appeal against conviction for failing as the owner of a car to supply information as to the identity of the driver on a particular occasion. Laws LJ, Wilkie J  EWHC 2039 (Admin) Bailii Road Traffic Act 1988 172(3) England and Wales Road Traffic Updated: 25 November 2021; Ref: scu.517468
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The claimant had purchased a car, but not yet received confirmation of its registration in his name. After verifying his friend’s insurance he lent the car to him. The friend was stopped by officers, the non-registrations noted and the car was impounded and destroyed. He appealed against rejection of his claim. Held: The appeal was … Continue reading Pryor v Greater Manchester Police: CA 30 Jun 2011
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act could become criminal. The prosecutor appealed the decision of … Continue reading Regina v Johnstone: HL 22 May 2003
Consultation requirements The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate. Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of … Continue reading Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014
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 officers had entered a house in pursuit of a suspected burglar. Held: It is a condition of any lawful breaking of premises that the person seeking entry has demanded and been refused entry by the occupier. Donaldson LJ said: ‘it is conceded in this case that (the trial judge) correctly analysed the position at … Continue reading Swales v Cox: CA 1981
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
Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998
The Secretary of State appealed a finding that the applicant was a fit and proper person to hold a licence to drive a passenger carrying vehicle, despite his conviction for two offences of indecent assault on a girl under 15, and his name being . .
The defendant, a Grade 1 advanced police driver, had driven very fast in pursuit of a stolen car. He crossed a junction at high speed and collided with another vehicle causing two deaths. He gave evidence that he believed that the police were . .
The defendant appealed against his conviction for driving with excess alcohol. . .
References:  HCA 19, (1993) 112 ALR 7,  Aust Torts Reports 81-203, (1993) 17 MVR 1, (1993) 67 ALJR 343,  176 CLR 433 Links: Austlii Coram: Mason CJ, Brennan, Deane, Dawson, Toohey, Gudron, McHugh JJ (High Court of Australia) The court considered a claim for damages arising out of a motor accident in … Continue reading Stevens v Head; 18 Mar 1993