LEE
V.
KNAPP

(1967) JELR 80306 (QB)    
Queen's Bench  ·  12 Apr 1967 ·  United Kingdom
 · 
Other Citations
(1967) 2 Q.B. 442
CORAM
WINN L.J
Core Terms Beta
section
accident
defendant
driver
driver of the motor vehicle
name
napier j.
case
company
mr. strachan
period
person
police
transport manager
reasonable ground
road traffic act
vehicle
australian statute
breach of section
chief justice
clerkenwell magistrates court
condon
kinds of subsequent disputes
managing director
managing director of a clothing manufacturing company
material
metropolitan stipendiary magistrates
mind
momentary pause
motor vehicle
mr. kay
new two-ton van
own car
own personal obligation
own understanding of the word
own van driver
particular purpose
period of time
presence of a motor vehicle
prevailing circumstances
question of law
report
respect of an adjudication
s office
s offices
south australia
south australia road traffic act
supreme court
unfortunate car
winn l.j.

WINN L.J.(reading the judgment)

 This is an appeal on a case stated by one of the metropolitan stipendiary magistrates in respect of an adjudication made at Clerkenwell magistrates court. It is not necessary to go into the details of the matter. Broadly speaking and in so far as any of the facts are material, what happened was this: the defendant had driven a vehicle round the block in the City in which his company‘s office stood for the particular purpose of demonstrating to his own van driver, he being the managing director of a clothing manufacturing company, that a new two-ton van that the company had bought was really quite easy to handle; the driver had been doubtful about that.

The question of law is whether or not by leaving the van when he did, and so soon as he did, and going away himself to his company‘s offices, the defendant committed a breach of section 77 (1) of the Road Traffic Act, 1960, which provides, so far as material, that if in any case owing to the presence of a …

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