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

The plans that would allow police to issue on-the-spot fines for motoring offences has been heavily criticised by magistrates. Under these new proposals police would be able to give out fines for careless driving without the need for the courts to get involved.

However, John Thornhill, chairman of the Magistrates’ Association has spoken out against these potential rulings as he declared that driving carelessly is subjective and this would undermine justice.

Mr Thornhill said that in practice, police would be acting as the jury and sentencer if they were given the go ahead for these new proposals. Careless driving would be punished as a fixed-penalty offence and motorists would be given a fine and three points would be added to their licence.

Mr Thornhill is concerned that many people would pay up just to resolve the matter, without realising that this conviction would show up in future criminal record checks. He explained on the BBC Radio 4’s Today programme that the idea is “effectively saying that every case of careless driving is the same”.

He added:

“We have been investigating the use of out of court disposals, on-the-spot-fines for the last 12 months, and the evidence we have suggests that on many occasions, where the matter is serious police go for the easy option of the on-the-spot fine, because it’s done and dusted, dealt with there and then.”

At present, those suspected of careless driving are prosecuted in the courts, where there is a maximum fine of £5,000 and up to nine points can be imposed.