Jersey Judgment

St. Helier (Constable) v Baal [1965] JJ 503 (06 August 1965)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court held that 'station' in the relevant order means 'use as taxi stand' and that it is irrelevant whether the vehicle was parked with the intention of soliciting custom.

Court disposition

application allowed

02

Material facts

Parties

St. Helier (Constable)

Applicant

Baal

Respondent

03

Procedural history

  1. Posture

    Road Traffic Offence / Judgment

04

Questions and positions

Legal issues

Whether 'station' in art. 11(3) of the Road Traffic (St. Helier) (Jersey) Order 1964 means 'use as taxi stand' and whether intention to solicit custom is relevant

Party arguments

Applicant
The applicant argued that the respondent contravened art. 11(3) by stationing a taxi on the road, regardless of intention to solicit custom.
Respondent
The respondent argued that the vehicle was not parked with the intention of soliciting custom and therefore did not breach the order.

05

Court’s reasoning

  1. 01

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

    'Station' in art. 11(3) means 'use as taxi stand', and intention to solicit custom is irrelevant.

06

Ratio, limits and disposition

Ratio decidendi

The court held that 'station' in the relevant order means 'use as taxi stand' and that it is irrelevant whether the vehicle was parked with the intention of soliciting custom.

Court disposition

application allowed

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1965] JJ 503

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BAILII >> Databases >> Jersey Law Reports >> St. Helier (Constable) v Baal [1965] JJ 503 (06 August 1965) URL: https://www.bailii.org/je/cases/JLR/1965/JLR650503.html Cite as: [1965] JJ 503 [ New search ] [ Help ] St. Helier (Constable) v Baal 1965 J. J. 503 (06 August 1965) Road Traffic-taxis-prohibition on stationing on road-"station" in Road Traffic (St. Helier) (Jersey) Order 1964, art. 11(3) means "use as taxi stand"-irrelevant that not parked with intention of soliciting custom 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: 1965 J. J. 503 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1965/JLR650503.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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