ROAD TRAFFIC

A district judge had been correct to refuse to order the Crown to disclose a sample of blood taken from a motorist who had been arrested for driving under the influence of cannabis. The motorist had declined to take the sample when it was offered to him in compliance with the Road Traffic Offenders Act 1988 s.15(5) and his application had been a fishing expedition made in the hope that it might undermine the prosecution’s case.

[2018] EWHC 23 (Comm) [2018] EWHC 23 (Comm)

The “iniquity exception” did not defeat a claim for legal professional privilege where there was no nexus between the third party wrongdoer and the client which took the lawyer/client relationship outside the ordinary scope of professional employment. The third party’s wrongdoing was parasitic upon an existing lawyer/client relationship, which was created and continued for a normal and legitimate purpose.

[2017] EWHC 3119 (Admin) [2017] EWHC 3119 (Admin)

The fact that voluntary intoxication might sometimes explain a person’s inability to provide a specimen of breath did not mean that that person would therefore have a “reasonable excuse” for the purposes of the Road Traffic Act 1988 s.7(6). The scope of a reasonable excuse for s.7(6) purposes would always be a question of fact for the court.

[2017] EWHC 2794 (Admin) [2017] EWHC 2794 (Admin)

The court construed the Local Government (Miscellaneous Provisions) Act 1976 s.55A, which allowed subcontracting by private hire vehicle operators.

A magistrates’ court had erred in deciding to adjourn a trial for drink driving where the defendant was ready to proceed but where the prosecution had failed to warn a relevant witness who did not appear before the court as a result.