header-logo header-logo

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

Doc Brief

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 preventing her from providing a specimen. The justices had gone on

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll