header-logo header-logo

Doc Brief

15 April 2009 / B. Mahendra
Categories: Features
printer mail-detail

News

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll