Beard v Wood: 1980
The court discussed the power of a constable to stop a driver. Held: Provided the officer was acting in good faith the statutory powers given to him he need have no grounds for stopping a driver....
View ArticleCannadine v Director of Public Prosecutions: Admn 2007
The fact that the back of a road sign showing a speed limit had been painted the wrong colour did not make the road de-restricted. There had been no question of the driver being misled. The law was not...
View ArticleRegina v Simmonds: CACD 24 Feb 1999
It was proper for a court sentencing for careless driving to allow for the fatal consequences of the driving. As long as culpability remains a sentencing consideration, the court was entitled to make...
View ArticleUK 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
Citations: [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...
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 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. Citations: [1955] 1 WLR 325 Cited by: Cited –...
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. Citations: [1994] RTR 391 Cited by: Cited – Regina...
View ArticleRegina v Cooksley: CA 2003
Citations: [2003] RTR 483 Jurisdiction: 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...
View ArticleYates v Gates: 1970
Citations: [1970] RTR 135 Statutes: Town Police Clauses Act 1847 38 Jurisdiction: England and Wales Cited by: Cited – Newcastle City Council, Regina (on the Application of) v Berwick-Upon-Tweed Borough...
View ArticleAndrea Merzario Ltd v Internationale Spedition Leitner Gesellschaft Gmbh: CA...
When assessing just when a case is pending for the purposes of deciding priority as between jurisdictions competing to hear a case, the determining factor is the date of service, not the date of issue....
View ArticleBussey v Director of Public Prosecutions: CA 17 Mar 1999
Where there remained a difference between the defence and the prosecution as to the facts on which a sentence was to be based a crown court hearing an appeal against sentence was able to sentence on a...
View ArticleDirector of Public Prosecutions v Butterworth: HL 22 Jul 1994
Failing to give breath test charge needn’t specify which of sections 4 or 5. On a charge of failing to give a breath specimen, there was no need to specify which offence. Citations: Independent...
View ArticleNorman v Ali and Another, Norman v Aziz: CA 13 Jan 2000
The claimant sought damages following a road accident against an uninsured driver through the Motor Insurer’s Bureau. The Bureau later required him to issue proceedings also against the car owner on...
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