header-logo header-logo

Road traffic

04 August 2011
Issue: 7477 / Categories: Case law , Law digest , In Court
printer mail-detail

[R (on the application of Herron and others) v Parking Adjudicator [2011] EWCA Civ 905, [2011] All ER (D) 253 (Jul)

Regulation 4 of the Traffic Signs Regulations and General Directions 2002, SI 2002/3113, did not require that every part of every street was signed in the manner it specified. The fact that there were road signs regulating parking, and in particular those at pedestrian crossings, that were not referred to in reg 4 rendered it impossible to read it as requiring the specified signage in every part of every road.

Even where a statute was clear in imposing a duty, and did so in terms that were apparently mandatory, it would not necessarily be interpreted as invalidating steps taken by a public authority that were not in strict conformity with the duty. A controlled parking zone (CPZ) was to be treated as valid unless it could be said that in substance, because of the failure adequately to inform the road user, it could not be considered to be a valid CPZ.
 

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
back-to-top-scroll