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15 April 2009 / B. Mahendra
Categories: Features
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Occasionally the law expects citizens to perform some act which, for reasons of illness or disorder, individuals may not be able to accomplish. This matter came up for adjudication when the Queen’s Bench Divisional Court took up a case stated from a decision of South Yorkshire justices in Piggott v Director of Public Prosecutions( 2008) The Times,10 March, [2008] All ER (D) 114 (Feb). The defendant had been required to produce a specimen of breath under s 7(1) of the Road Traffic Act 1988 (RTA 1988) which by s 7(6) makes it an offence to fail to do so without reasonable excuse. The defendant had made four attempts to produce a specimen but had failed to do so. Later, at trial, an expert in respiratory medicine had opined there had been a medical reason for this failure, namely that the defendant suffered from bronchial asthma and a hyperventilation syndrome. This opinion had been accepted by the justices. The issue was whether or not the defendant had informed the police officers involved whether she suffered a medical disability

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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