Pattison v Director of Public Prosecutions: Admn 15 Dec 2005
The court considered the circumstances under which evidence of previous convictions could be admitted against a defendant where he did not admit that he was the same person. Judges: Newman J Citations:...
View ArticleNunez Torreiro (Approximation of Laws Approximation of Laws): ECJ 20 Dec 2017
Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3, first paragraph – Concept of ‘use of...
View ArticleChief Constable of West Midlands Police v Billingham: 1979
Bridge LJ considered the meaning of the word ‘accident’, and, after saying that there had been many authorities for different stautory and contractual contexts, said: ‘It is, in my judgment, a word...
View ArticleMccall v Poulton and others: CA 21 Nov 2008
Judges: Waller VP CA, Carnwath, Wilson LJJ Citations: [2008] EWCA Civ 1313, [2009] PIQR P8, [2009] RTR 11, [2009] 1 CMLR 45, [2009] Eu LR 383, [2009] CP Rep 15 Links: Bailii Jurisdiction: England and...
View ArticleDerwent Holdings Ltd v Liverpool City Council: Admn 12 Dec 2008
The claimant objected that in the proposed regeneration of the area in which its retail park was set, a traffic layout proposed by the defendant would include a traffic island which would prevent...
View ArticleKing Lifting Ltd v Oxfordshire County Council: QBD 20 Jul 2016
A heavy crane had toppled from a road. The crane owners said that the highway authority were responsible for the poor condition of the road. Held: The action failed. The evidence did not support the...
View ArticleKingsnorth and Another, Regina (on the Application Of) v Director of Public...
driving while disqualified Citations: [2003] EWHC 768 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 3(1)(b) Jurisdiction: England and Wales Road Traffic Updated: 21 July 2022; Ref: scu.185586...
View ArticleRegina v Rutter: 1976
A defendant who wished to challenge the analysis of a properly taken and analysed part specimen of blood had to challenge it by analysis of his own part specimen. A defendant who sought to establish...
View ArticleKay v Commissioner of the Police of the Metropolis: HL 26 Nov 2008
The claimant had been involved in a monthly cycle ride through central London which had continued for many years. The ride took place without any central organisation and without any route being...
View ArticleCumberbatch, Regina (on the Application of) v London Borough of Lambeth: Admn...
Citations: [2008] EWHC 2885 (Admin) Links: Bailii Statutes: Highways Act 1980 149 Jurisdiction: England and Wales Road Traffic Updated: 21 July 2022; Ref: scu.278646 The post Cumberbatch, Regina (on...
View ArticleRegina v Waters: 1963
A public House car park may be a public place for the purposes of the road traffic legislation during opening hours when the public may be expected to have recourse to it. Citations: (1963) 47 Cr App R...
View ArticleStockton-On-Tees Borough Council v Latif: Admn 13 Feb 2009
The council appealed against a decision that the crown court had jurisdiction to extend the time for appeal against refusal of a private hire vehicle licence. Held: The court did not have the...
View ArticleBrett v Director of Public Prosecutions: Admn 16 Mar 2009
The defendant faced trial for driving whilst over the prescribed alcohol limit. On a pre-trial review, the prosecution had applied for the evidence of the analyst to be given under the hearsay...
View ArticleMiller v Director of Public Prosecutions: Admn 25 Mar 2004
The defendant pleaded guilty by post in March 1999 to speeding offences. The magistrates wanted to consider and (unlawfully) issued a warrant backed for bail. The warrant was not served until 2001. The...
View ArticleFernie v Chief Constable of Humberside Police: Admn 27 Feb 2009
Judges: Leveson LJ, Sweeney J Citations: [2009] EWHC 528 (Admin) Links: Bailii Road Traffic Updated: 24 July 2022; Ref: scu.329555 The post Fernie v Chief Constable of Humberside Police: Admn 27 Feb...
View ArticleCommission of The European Communities v Ireland: ECJ 21 Feb 2008
ECJ Failure of a Member State to fulfil obligations Incorrect transposition Directive 84/5/EEC Article 1(4) Compulsory insurance for civil liability in respect of motor vehicles Conditions for the...
View ArticleSmith v Finch: QBD 22 Jan 2009
The claimant cyclist was severely injured in an accident when hit by a motorcyclist, the defendant. He was not wearing a cycle helmet, and the injuries were to his head. He was slowing down to turn...
View ArticleClarke, Regina v: CACD 14 May 2009
The defendant appealed against his sentence for causing death by dangerous driving. He had suffered a hypoglycemic attack, but had not stopped. Expert evidence that he may not have been aware of the...
View ArticleRider v Rider: CA 1973
Sachs LJ stated that ‘it is in my judgment clear that the corporation’s statutory duty under section 44 of the Act of 1959 is reasonably to maintain and repair the highway so that it is free of danger...
View ArticleRegina v Greenwich London Borough Council, Ex Parte Williams and Others: QBD...
QBD A local authority has no power to close a road to control pollution from motor vehicles. Air pollution danger from traffic was not a sufficient ‘likelihood of danger.’ Citations: Ind Summary...
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