In a Judgment issued on 15 June 2010, the High Court has ruled that an attempt by the Government to introduce a scheme designed to limit costs recovered by acquitted defendants is unlawful.

The scheme, roundly criticised for being unjust and unconstitutional, was intended to make savings of around £20m per year by ensuring that the costs that an acquitted defendant can claim back were limited to legal aid rates. This would have left many of our clients having to pay a substantial proportion of their legal costs even where they have been found not guilty.

However, in a Judgment following a challenge by the Law Society of the new regulations which can be found here  http://www.bailii.org/ew/cases/EWHC/Admin/2010/1406.html,  Lord Justice Elias has ruled that the Lord Chancellor did not have the power to introduce a scheme that sought to ensure that somebody falsely accused of a crime can be required pay from his own pocket to establish his innocence.

To see the BBC news article on the case, click on the link below

http://news.bbc.co.uk/1/hi/uk/10318753.stm

The postal strikes will result in a significant increase in the number of cases where a defence used by Motoringlawyers.com for years is relevant.

The High Court has confirmed (29th October 2009) in a case relating to the 2007 postal strike, that a Notice of Intended Prosecution should be regarded as having been properly served where the notice was sent by 1st class ordinary post on a date that would normally lead to it being delivered within 14 days of the commission of certain offences, including speeding. Where the postal strike interferes with this process and results in the notice being delivered more than 14 days after the offence then it is an invalid Notice of Intended Prosecution and any prosecution for the offence involved should fail.

http://business.timesonline.co.uk/tol/business/law/article6898147.ece

‘Close to 2m’ uninsured drivers! As many as 500 uninsured vehicles are seized every day, say the Motor Insurers’ Bureau.

Parts of England with the largest number of uninsured drivers have been revealed in new research.

The worst offenders were in Greater London, Merseyside and Greater Manchester, with 13%, 12% and 10% of vehicles uninsured.
The penalties for “driving with no insurance” are 6-8 points and a fine of at least £200. Your licence will be in jeopardy if you drive with no insurance - it’s worth a phone call if you are prosecuted - we may be able to help.

http://news.bbc.co.uk/1/hi/england/8272054.stm

Ministers are considering a far-reaching change in the law in a bid to promote greener transport.

MINISTERS are considering making motorists legally responsible for accidents involving cyclists or pedestrians, even if they are not at fault. Very disturbing news for those who are not at fault for those invovled in an accident involving a cyclist.

A motorist is always is well advised to investigate all options relating to any prosecution as soon as possible with the aid of expert motoringlawyers.

http://www.timesonline.co.uk/tol/news/politics/article6841326.ece

A driving without due care & attention prosecution can result from a moment’s lack of attention - as confirmed by an RAC report.

The RAC advised motorists to set everything up before setting off and to get passengers to help. David Bizley, RAC technical director said it was important “in-car gadgets” are used appropriately.

http://news.bbc.co.uk/1/hi/uk/8258112.stm