Wing v Nuttall: QBD 30 Apr 1997
References: Times 30-Apr-1997 Ratio: An employer not checking his drivers’ tachographs was liable for imputed knowledge of infringements. Jurisdiction: England and Wales Last Update: 08 March 2019 Ref:...
View ArticleWilliams v Director of Public Prosecutions (and 3 Other Appeals): QBD 2 Feb 1994
References: Independent 02-Feb-1994 Ratio: Constable to ask reason why specimen should not be taken under 7(4). Statutes: Road Traffic Act 1988 7(4) Jurisdiction: England and Wales Last Update: 08...
View ArticleYorkshire Traction Co Ltd v Vehicle Inspectorate: QBD 15 Mar 2001
References: Times 15-Mar-2001 Ratio: The regulations required drivers to keep tachograph records only for one week, and permitted them to retain them longer. It was not possible therefore to conclude...
View ArticleMills v Cooper: QBD 1967
References: [1967] 2 QB 459 Coram: Diplock LJ, Lord Parker CJ, Ashworth J Ratio: Two sets of criminal proceedings were brought against the defendant for offences under section 127 of the Highways Act...
View ArticleFirma Stadtereinigung K. Nehlsen KG v Freie Hansestadt Bremen: ECJ 6 Dec 1979
References: C-47/79, [1979] ECR 3639 Ratio: Transport – common policy – social provisions – regulation no 543/69 of the council – material scope – vehicles of public authorities – exclusion – vehicles...
View ArticleJohn v Humphreys: 1955
References: [1955] 1 WLR 325 Ratio: 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. This case...
View ArticleHallett Silbermand Limited v Cheshire County Council: 1993
References: [1993] RTR 32 Ratio: This case is cited by: Cited – London Borough of Richmond Upon Thames v London Concrete Ltd Admn (Bailii, [2001] EWHC Admin 1077) The respondent company was acquitted...
View ArticleRegina v Kitson: 1955
References: [1955] 39 Cr App R 66 Ratio: 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...
View ArticleJohnson v Whitehouse: 1984
References: [1984] RTR 47 Coram: Nolan J Ratio: There is a relevant distinction between suspecting and believing in a police officer’s mind: ‘the dictionary definitions of those words . . of course, do...
View ArticleThe Queen Against Sarah Chorley And Another: 13 Jun 1848
References: [1848] EngR 613, (1848) 12 QB 515, (1848) 116 ER 960 Links: Commonlii Ratio: Jurisdiction: England and Wales Last Update: 15 March 2019 Ref: 300163 The post The Queen Against Sarah Chorley...
View ArticleRegina v Lennard: CACD 1973
References: [1973] RTR 252 Coram: Lawton LJ Ratio: The defendant faced with an allegation of failng to provide a specimen of breath, argued that the consumption of alcohol since he had been driving...
View ArticleCannan v Earl of Abingdon: 1900
References: [1900] 2 QB 66 Coram: Bigham, Phillimore JJ Ratio: The court was asked whether it was correct to charge a bicycle as a ‘carriage’ at a toll station for the bridge over the River Thames at...
View ArticleRider v Rider: CA 1973
References: [1973] QB 505 Ratio: 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...
View ArticleCotterill v Chapman: 1984
References: [1984] RTR 73 Ratio: A trivial departure from the statutory specification for a road sign did not invalidate the sign nor exculpate the defendant. Jurisdiction: England and Wales This case...
View ArticleJubb v Director of Public Prosecutions: 2002
References: (2002} 167 JP 50, [2002] EWHC 2317 Admin Coram: McCombe J Ratio: The arrested driver was given a warning under section 7(7) before two specimens of breath were obtained. The officer thought...
View ArticleKay v Butterworth: KBD 1945
References: (1945) 61 TLR 452 Coram: Humphreys J Ratio: The defendant had been charged only with driving to the danger of the public and with driving without due care and attention. He was acquitted by...
View ArticleSwain v McCaul and Others: QBD 11 Jul 1996
References: Times 11-Jul-1996, [1997] RTR 102 Ratio: A lorry used for delivering skips was not used for refuse collection and was subject to the tachograph regime. The providing of skips for rubbish...
View ArticleSwain v Aaron White Limited and Staniland: Admn 8 Jul 1996
References: [1996] EWHC Admin 22 Ratio: Last Update: 17 March 2019 Ref: 136570 The post Swain v Aaron White Limited and Staniland: Admn 8 Jul 1996 appeared first on swarb.co.uk.
View ArticleWilliams v Richards: QBD 29 Jul 1997
References: Times 29-Jul-1997 Ratio: Exemption from need for excise licence when car on way to MOT test continued to apply even though the car was parked on way. It was a question of fact and degree....
View ArticleMilne v M’Donald: HCJ 1971
References: [1971] JC 40 Ratio: The court was asked whether a blood specimen having been requested at one police station, it could be taken at another. Held: The requirement to provide a specimen for a...
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