References: Times 23-Oct-1998, Gazette 25-Nov-1998, Gazette 11-Nov-1998, [1998] UKHL 36, [1998] 4 All ER 417, [1998] WLR 1647
Links: House of Lords, Bailii
Coram: Lord Browne-Wilkinson, Lord Goff of Chieveley, Lord Slynn of Hadley, Lord Steyn, Lord Clyde
Ratio: 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 each case. ‘In the generality of the matter it seems to me that in the ordinary use of language a car park does not so qualify. In character and more especially in function they are distinct. It is of course possible to park on a road, but that does not mean that the road is a car park. Correspondingly one can drive from one point to another over a car park, but that does not mean that the route which has been taken is a road. It is here that the distinction in function between road and car park is of importance. The proper function of a road is to enable movement along it to a destination. Incidentally a vehicle on it may be stationary. One can use a road for parking. ‘
Statutes: Road Traffic Act 1988 145(3)(a)
Jurisdiction: England and Wales
This case cites:
- Appeal from – Stuart Richard Cutter v Eagle Star Insurance Company Limited CA (Times 03-Dec-96, Bailii, [1996] EWCA Civ 1029, [1997] 1 WLR 1082)
The concept of a ‘Road’ under the Act includes areas of a public car park marked out for the use of vehicles. . . - Cited – Harrison v Hill (1932 JC 13)
The court considered the characteristics which would make ‘any other road to which the public has access’ a road for road traffic legislation. Lord Clyde: ‘There must be, as matter of fact, walking or driving by the public on the road, and such . . - Cited – Griffin v Squires ([1958] 1 WLR 1106)
To count as a road in road traffic law, a stretch of land must at least be a road. A car park was held not to be a road. . . - Cited – Bugge v Taylor ([1941] 1 KB 198)
A branch of a road which leads into and continues out of the place in question, such as in this case, a forecourt may qualify as a road. . . - Cited – Oxford v Austin ([1981] RTR 416)
The court said that a road was ‘a definable way between two points over which vehicles could pass.’ . . - Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ ((1992) 1 CMLR 305, C-106/89, [1990] ECR I-4135, Bailii, [1990] EUECJ C-106/89, [1990] 1 ECR 3313)
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . . - Cited – Lonsdale v Howard and Hallam Ltd CA (Bailii, [2006] EWCA Civ 63, Times 21-Feb-06, [2006] 1 WLR 1281)
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Held: ‘there is no clear . .
(This list may be incomplete)
This case is cited by:
- Appealed to – Stuart Richard Cutter v Eagle Star Insurance Company Limited CA (Times 03-Dec-96, Bailii, [1996] EWCA Civ 1029, [1997] 1 WLR 1082)
The concept of a ‘Road’ under the Act includes areas of a public car park marked out for the use of vehicles. . . - Cited – Brewer v Director of Public Prosecutions QBD (Times 05-Mar-04)
The defendant was a disqualified driver. He was seen to be driving slowly across a railway station car park. He was found to have excess alcohol in his blood.
Held: Allowing his appeal against conviction. The magistrates had found that the car . .
(This list may be incomplete)
Leading Case
Last Update: 02 October 2018
Ref: 79206
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