A local authority required to implement a red route designated by the Secretary of State had no discretion on the issue. The only retained discretion was as to timing, and then within the requirement to act ‘as soon as is reasonable practical’ Citations: Gazette 14-Apr-1999, Times 30-Apr-1999,  EWHC Admin 290 Links: Bailii Statutes: Road … Continue reading Waddell and others v Royal Borough of Kensington and Chelsea v Traffic Director for London: Admn 31 Mar 1999
Application for statutory review of two experimental traffic regulation orders made by the Defendant pursuant to its powers under the Road Traffic Regulation Act 1984 Judges: Mr Justice Singh Citations:  EWHC 246 (Admin),  ACD 83,  1 WLR 2562,  RTR 22,  WLR(D) 72 Links: Bailii, WLRD Jurisdiction: England and Wales Road … Continue reading Hamnett v Essex County Council: Admn 13 Feb 2014
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  RTR 19,  WLR(D) 33, (2014) 178 JP 285,  EWHC 587 (Admin),  1 WLR 4279 … Continue reading Castle v Crown Prosecution Service: Admn 24 Jan 2014
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.  EWHC 1127 (Admin) Bailii England and Wales Road Traffic … Continue reading AA and Sons Ltd v Slough Borough Council: Admn 14 Apr 2014
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts below held, such a claimant must also establish a business with customers within the … Continue reading Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015
The victim died on a farm when his dumper truck overturned burying him in its load. Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of injury arose out of the state of affairs at the … Continue reading Chargot Limited (T/A Contract Services) and Others, Regina v: HL 10 Dec 2008
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 . .
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A motorist was convicted of speeding. On the stretch of road subject to the temporary limit an additional part had been included falsely representing the correct ends of the limited stretch. Nevertheless, the motorist was accused of speeding within the area subject to the restriction. Held: Any misleading element in the signage did not affect … Continue reading Wawrzynczyk v Chief Constable of Staffordshire Constabulary: QBD 28 Feb 2000
QBD A local authority has no power to close a road to control pollution from motor vehicles. Air pollution danger from traffic was not a sufficient ‘likelihood of danger.’ . .
The driver left an accident. The police entered his home unlawfully, and on his refusal to supply a breath test, he was arrested and charged with faiing to supply. Held: A lawful arrest is not an essential requirement before a breath test, and there was no general principle that there could be no conviction under … Continue reading Fox v Chief Constable of Gwent: HL 1986
When a local traffic authority made experimental traffic orders under section 9 of the Road Traffic Regulation Act 1984, did it discharge the ‘public sector equality duty’ under section 149 of the Equality Act 2010? Judges: Sir Keith Lindblom (Senior President of Tribunals) Lord Justice Males And Lady Justice Elisabeth Laing Citations:  EWCA Civ … Continue reading Sheakh, Regina (on The Application of) v London Borough of Lambeth Council: CA 5 Apr 2022
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
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
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 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
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
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
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
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
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
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
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 claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence . .
The defendant had been convicted of speeding. At the time the road was thought to be subject to the 30 mph limit but was in fact subject only to the national speed limit. Her solicitors had delayed their application for judicial review.
Held: . .