The Agency appealed against dismissal of its allegation that the defendant had wrongfully withdrawn his tachograph record. He had lifted the top of the tachograph which had the effect if disengaging the marker without actually removing the record sheet.
Held: The appeal succeeded. The section was to be construed purposively. Any action which lifted the record sheet from the stylus could be construed as falling within the word ‘withdraw.’
Judges:
Keene LJ, Poole J
Citations:
Times 13-Oct-2005, [2005] EWHC 2278 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Bulmer (HP) Ltd v Bollinger SA CA 1974
The plaintiff complained that the respondent had described its drink ‘Babycham’ as a champagne perry, which it said was a misuse of the appellation ‘champagne’.
Held: The court considered the effect of European legislation on the law of . .
Cited – HP Bulmer Ltd and Another v J Bollinger Sa and others CA 22-May-1974
Necessity for Reference to ECJ
Lord Denning said that the test for whether a question should be referred to the European Court of Justice is one of necessity, not desirability or convenience. There are cases where the point, if decided one way, would shorten the trial greatly. . .
Lists of cited by and citing cases may be incomplete.
Crime, Road Traffic
Updated: 23 May 2022; Ref: scu.231177