Jersey Judgment

Buckingham v St. Helier (Constable) [1966] JJ 679 (22 September 1966)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The prohibition on stationing a cab on the road under art. 11(3) applies only when the cab is in service or available for service; cabs in private use are not within the prohibition.

Court disposition

application allowed

02

Material facts

Parties

Buckingham

Applicant

St. Helier (Constable)

Respondent

03

Procedural history

  1. Posture

    Road Traffic Offence / Judgment

04

Questions and positions

Legal issues

Whether the prohibition on stationing a cab on the road under the Road Traffic (St. Helier) (Jersey) Order 1964, art. 11(3) applies to cabs not in service or not available for service

Party arguments

Applicant
The prohibition does not apply when the cab is in private use and not in service or available for service.
Respondent
The prohibition applies regardless of whether the cab is in service or available for service.

05

Court’s reasoning

  1. 01

    Road Traffic (St. Helier) (Jersey) Order 1964, art. 11(3)

    Statutory interpretation: restrictions on stationing cabs apply only when the cab is in service or available for service.

06

Ratio, limits and disposition

Ratio decidendi

The prohibition on stationing a cab on the road under art. 11(3) applies only when the cab is in service or available for service; cabs in private use are not within the prohibition.

Court disposition

application allowed

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1966] JJ 679

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BAILII >> Databases >> Jersey Law Reports >> Buckingham v St. Helier (Constable) [1966] JJ 679 (22 September 1966) URL: https://www.bailii.org/je/cases/JLR/1966/JLR660679.html Cite as: [1966] JJ 679 [ New search ] [ Help ] Buckingham v St. Helier (Constable) 1966 J. J. 679 (22 September 1966) Road Traffic-taxis-prohibition on stationing on road-under Road Traffic (St. Helier) (Jersey) Order 1964, art. 11(3), stationing of cab only prohibited when in service or available for service-cabs in private use not within prohibition The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1966 J. J. 679 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1966/JLR660679.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Road Traffic (St. Helier) (Jersey) Order 1964, art. 11(3)

Legislation

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