Remet Co Ltd v Newham London Borough Council: QBD 1981
The defendants, when loading non-ferrous metal swarf on to lorries standing on the highway, from time to time miscalculated the available space in a lorry being loaded, and some of the swarf...
View ArticleHosier v Goodall: QBD 1962
A notice of intended prosecution was sent to the defendant in connection with an allegation of driving without due care and attention. When the matter came before the court, the defendant argued that...
View ArticleRathbone v Bundock: 1962
In the context of road traffic regulation, unless extended to statutory instruments expressly, ‘enactment’ meant an Act of Parliament. References: [1962] 2 QB 260 Jurisdiction: England and Wales This...
View ArticleDirector of Public Prosecutions v Carey: HL 1970
If a police officer has reason to believe that a driver suspected of driving with excess alcohol has consumed alcohol within the previous 20 minutes, he must wait until 20 minutes has elapsed after the...
View ArticleJames v Hall: 1972
References: [1972] 2 All ER 59 Jurisdiction: England and Wales This case is cited by: Mentioned – Director of Public Prosecutions v Conroy Admn 23-Jun-2003 The DPP appealed a finding of special reasons...
View ArticleCarmichael and Sons Ltd v Cottle: 1971
References: [1971] RTR 11 Jurisdiction: England and Wales This case is cited by: Cited – West Yorkshire Trading Standards Service v Lex Vehicle Leasing Ltd QBD 9-Feb-1995 It was alleged that the...
View ArticleMetropolitan Police Commissioner v Curran; Regina v Curran: HL 1976
The defendant had been found drunk at the wheel of his car. His keys were not in the ignition. He was convicted of being drunk in charge of the car, but appealed his conviction for failing to provide a...
View ArticleDirector of Public Prosecutions v Humphrys: HL 1977
Humphrys was charged with driving while disqualified. The issue was the correctness of the identification by a police constable. In evidence, Humphrys denied that he was the driver, or indeed that he...
View ArticleRegina v Doncaster Metropolitan Borough Council ex parte Heath: 16 Oct 2000
It was submitted that the schemes relating to hackney carriages and private hire vehicles were two distinct schemes, and that the issues in that case had arisen because the Council had fallen into the...
View ArticleRegina v Ferguson: CACD 1970
The defendant was accused of failing to give a sample of breath for testing for alcohol. The defence was that there had been no failure because the appellant had reasonably asked that he should be able...
View ArticleRegina v Lawrence (Stephen): HL 1981
The defendant had ridden a motor-cycle and hit a pedestrian. The court asked whether he had been reckless. Held: The House understood recklessness as ‘a state of mind stopping short of deliberate...
View ArticleRegina v Forest of Dean Justices ex parte Farley: CACD 1990
The prosecutor had charged the defendant first with drink driving so as to take advantage of the provision placing upon the defendant the burden of proving that he had taken drink after the traffic...
View ArticleOddy, Regina (on the Application of) v Bugbugs Ltd: Admn 12 Nov 2003
A private prosecutor appealed dismissal of his complaint that the respondent had operated an unlicensed man-powered rickshaw service. The district judge had held that it was not a taxi service. It was,...
View ArticleCracknell v Willis: HL 1988
The evidence which is admissible on a challenge to the reliability of an intoximeter device is not limited to direct evidence of the unreliability of the breath testing device, but can be based on...
View ArticleDurham County Council v North Durham Justices: Admn 27 Apr 2004
Whether magistrates could adjourn cases to allow personal service of summonses. [2004] EWHC 1073 (Admin) Bailii Magistrates’ Courts Rules 1981 99 England and Wales Updated: 30 November 2020; Ref:...
View ArticleEdmond v Director of Public Prosecutions: Admn 23 Feb 2006
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...
View ArticleSelby (Justin) v Director of Public Prosecutions: QBD 1994
The defendant sat on a motor bike, propelling it on a pavement with his feet; although the engine was running the machine, according to the defendant, was not in gear. Held: The justices were correct...
View ArticleWhittle v Kirby: 1946
A special reason for not disqualifying a driver is one which is special to the facts of the case and not personal to the offender. [1946] 2 All ER 252 Cited by: Cited – Director of Public Prosecutions...
View ArticleJacobs v Reid: 1974
The test for whether magistrates may find special reasons for not disqualifying a driver is not a subjective one as to what the defendant thought. [1974] RLT 71 England and Wales Cited by: Cited –...
View ArticleBell v Ingham: QBD 1968
The plaintiff was charged with an attempting to commit an offence of taking and driving away a motor vehicle without the consent of the owner. The Justices fined him andpound;10 and ordered that the...
View Article
