UK Waste Management Ltd v West Lancashire District Council; St Helens...
It was not a proper purpose of an experimental traffic scheme to seek to ban heavy goods vehicles. The council used traffic calming measures to seek to dissuade heavy goods vehicles using certain roads...
View ArticleClarke v Chief Constable of West Midlands Police: CA 28 Jun 2001
A car owner left it in another’s custody whilst on holiday. The car was stolen and reported as such. The car was later found abandoned. The police were unable to contact the owner, and the claimant...
View ArticleHallett Silbermand Limited v Cheshire County Council: 1993
[1993] RTR 32 Cited by: Cited – London Borough of Richmond Upon Thames v London Concrete Ltd Admn 13-Dec-2001 The respondent company was acquitted after its vehicle, exceeding the maximum weight, was...
View ArticleJubb v Director of Public Prosecutions: 2002
The arrested driver was given a warning under section 7(7) before two specimens of breath were obtained. The officer thought the specimens unreliable being of uneven volume. The officer then gave the...
View ArticleJohnson v Whitehouse: 1984
There is a relevant distinction between suspecting and believing in a police officer’s mind: ‘the dictionary definitions of those words . . of course, do show that the word ‘believe’ connotes a greater...
View ArticleCooper v Floor Cleaning Machines Ltd and Another: CA 20 Oct 2003
The judge had heard the evidence from two drivers involved in a road traffic incident. He had declared that he could find no way to prefer the evidence of one over the other. Accordingly neither had...
View ArticleRegina v Oxford City Justices, ex parte Smith: QBD 1982
The defendant had given a positive breath test. The laboratory test showed a urine/alcohol proportion above the prescribed limit. He was warned that proceedings were possible. The summons was issued...
View ArticleRegina v Thomas Scott and Sons Bakers Ltd: 1984
In the field of road transport, Community social legislation ‘aims at the harmonisation of conditions of competition between methods of inland transport, especially with regard to the road sector and...
View ArticleRegina v Kitson: 1955
K had a lot to drink and went to sleep in the passenger seat of a car driven by his brother-in-law. When later charged with driving car under the influence of drink, he said in his defence that when he...
View ArticleWhelehan v Director of Public Prosecution: 1995
A police officer saw a motorist, the appellant, sitting in the driver’s seat of a car with keys in the ignition in the early hours of the morning, and smelt alcohol on his breath. The conversation...
View ArticleJohn v Humphreys: 1955
It was for a defendant driver positively to establish that he had driven in accordance with a driving licence and with an appropriate policy of insurance. [1955] 1 WLR 325 Cited by: Cited – Director of...
View ArticleRegina v Pimm: 1994
The offence of motor manslaughter is generally reserved for situations where on the facts there is a very high risk of the driving resulting in death. [1994] RTR 391 Cited by: Cited – Regina v...
View ArticleRegina v Cooksley: CA 2003
[2003] RTR 483 England and Wales Cited by: Cited – Breckon v Director of Public Prosecutions Admn 22-Aug-2007 The defendant appealed against his conviction for driving with excess alcohol. Held: There...
View ArticleMorton v Weaver: CA 31 Jan 1956
The court distinguished between obstructions of a highway and dangers created on it. Lord Denning MR asked: ‘How are we to determine whether a state of affairs in or near a highway is a danger?’ and...
View ArticleYates v Gates: 1970
[1970] RTR 135 Town Police Clauses Act 1847 38 England and Wales Cited by: Cited – Newcastle City Council, Regina (on the Application of) v Berwick-Upon-Tweed Borough Council and others Admn 5-Nov-2008...
View ArticleRegina v Inhabitants of High Halden: 1859
highhalden1859 The court considered the liability of the parish for injury arising from a failure to repair the road. The road was ‘an old soft road formed of Weald of Kent clay, and had never been...
View ArticleGriffiths v Liverpool Corporation: CA 1967
The Highways Act of 1961 had enlarged the duty of the highway authority and made it a general duty to take reasonable care to secure that the highway was not dangerous to traffic. As to the effect of...
View ArticleWeightman v Director of Public Prosecutions: Admn 6 Mar 2007
Magistrates to identify reasons for finding guilt The defendant appealed agains his conviction under section 172 of the 1988 Act. He had been abroad when his car attracted the speeding fine, but had...
View ArticleRegina v Conway: CACD 28 Jul 1988
The defendant appealed against his conviction for reckless driving. He said the offence was committed out of necessity, since his passenger’s life was under threat. Held: Necessity can only be a...
View ArticleRegina v Curtis (Attorney Generals Reference No 17 of 2009): CACD 30 Apr 2009
The Attorney General appealed against a sentence of 21 months imposed on the defendant. She was convicted of causing death by dangerous driving. The accident had occurred after she had been using her...
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