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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll