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20 August 2007
Issue: 7289 / Categories: Case law , Law digest
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ROAD TRAFFIC

Breckon v Director of Public Prosecutions [2007] EWHC 2013 (Admin), [2007] All ER (D) 135 (Aug)

Section 15(2) of RTOA 1988 does not apply to preliminary tests under the Road Traffic Act 1988, ss 6 or 6A.

The purpose of the preliminary test is to obtain an indication of whether or not the proportion of alcohol is likely to exceed the prescribed limit, not to determine whether the limit has been exceeded, which is the function of the specimens taken for analysis under s 7.

There is, therefore, no statutory obligation on the prosecution to adduce evidence of the actual figures recorded at the roadside test.

Issue: 7289 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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