Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004
Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the...
View ArticleBryan Haulage Ltd v Vehicle Inspectorate (No2) [Appeal 217/2002]: 1 Apr 2003
(date?) (Transport Tribunal) ‘In applying the Crompton case it seems to us that the traffic commissioners and the Tribunal have to reconsider their approach. In cases involving mandatory revocation it...
View ArticleA M Richardson t/a D J Travel Consultants v Department of the Environment,...
(Transport Tribunal) The burden of proof for the purpose of a section 27 revocation issue is on the licence holder to prove its continuing good repute. References: Unreported, 11 May 2001, Appeal...
View ArticleBryan Haulage Limited v Vehicle Inspectorate (No 1): 2002
(Transport Tribunal) The tribunal set out the correct approach to findings involving revocation of an operator’s licence (or disqualification): ‘However, in order to take action under s. 26 or to make...
View ArticlePartingdale Lane Residents’ Association, Regina (on the Application of) v...
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order. Held: The application was allowed. Councillor Coleman...
View ArticleGoodes v East Sussex County Council: HL 16 Jun 2000
The claimant was driving along a road. He skidded on ice, crashed and was severely injured. He claimed damages saying that the Highway authority had failed to ‘maintain’ the road. Held: The statutory...
View ArticleMuck It Ltd v Merritt and others; traffic Commissioner v Muck It Ltd and...
The applicant appealed revocation of its operator’s licence. Held: The Commissioner had erred. When revoking an existing goods vehicle licence the burden was on the commissioner to establish that there...
View ArticleCarr v East Sussex Fire and Rescue Authority: CA 8 Feb 2008
The caimant appealed refusal of his claim against the defendant. Each driver claimed to have entered a junction controlled by traffic lights when the lights were at green. The judge had accepted that...
View ArticleRegina v Government of Holloway Prison, Ex parte Jennings: HL 1983
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...
View ArticleRegina v Seymour: HL 1983
The court considered the relationship between the offences of manslaughter and causing death by reckless driving. The applicant argued that recklessness in a manslaughter case bore a different meaning...
View ArticleAykul v Land Baden-Wurttemberg: ECJ 4 Sep 2014
ECJ Advocate General’s Opinion – Preliminary ruling – Directive 91/439/EEC and 2006/126 / EC – Driving license – Article 8, paragraph 2, of the Directive 91/439 and Article 11, paragraph 4, second...
View ArticleMinistere public v Lahousse And Lavichy: ECJ 18 Nov 2010
ECJ Directives 92/61/EEC and 2002/24/EC – Type-approval of two- or three-wheel motor vehicles – Vehicles intended for use in competition, on roads or in off-road conditions – National legislation...
View ArticleDunthorne v Bentley and Another: CA 26 Feb 1996
Damages were sought after a pedestrian ran into the road, causing a traffic accident and serious injuries to those in a car. References: [1996] EWCA Civ 1353, [1996] RTR 428, [1996] PIQR P323 Links:...
View ArticleEventech, Regina (On The Application of) v The Parking Adjudicator: ECJ 24...
eventech_parkECJ1409 ECJ Advocate General’s Opinion – State aid – Concept of ‘aid’ under Article 107(1) TFEU – Rules governing access to and use of public infrastructure – Authorisation granted to...
View ArticleDirector of Public Prosecutions, Regina (on the Application Of) v Preston:...
References: [2003] EWHC 729 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Last Update: 07 October 2020; Ref: scu.185573 br> The post Director of...
View ArticleWebster v Regina: CACD 3 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...
View ArticleSmeaton, Regina (on The Application of) v Secretary of State for The...
The claimant challenged elements of the blue badge parking scheme. On a change, his badge had not been renewed. References: [2015] EWHC 146 (Admin) Links: Bailii Judges: Goss J Last Update: 08 October...
View ArticleThe Presidential Insurance Company Ltd v Mohammed and Others: PC 3 Feb 2015
(Trinidad and Tobago) The principal issue in the appeal is whether the MVIA enables someone who has suffered property damage caused by a motor vehicle accident to obtain indemnity from the vehicle...
View ArticleMaddox v Storer: QBD 1962
The defendant had a minibus carrying 11 people. The Act made it an offence to drive at over 30mph in a vehicle ‘adapted’ to carry more than seven people. Held: The phrase in Sch 1 to the Road Traffic...
View ArticlePlanton v Director of Public Prosecutions: QBD 6 Jun 2001
The defendant was found by police sat in the driving seat of a car parked on an isthmus which would be submerged at high tide. The engine was running, and the car lights were on. He failed a breath...
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