Briggs v Gibson's Bakery Ltd

JurisdictionNorthern Ireland
Judgment Date01 January 1948
Date01 January 1948
CourtKing's Bench Division (Northern Ireland)
(K.B.D., N.I.),
Briggs
and
Gibson's Bakery, Ltd.

- Limited company permitting servant to drive vehicle when uninsured -Motor Vehicles and Road Traffic Act (N.I.), 1930 (20 21 Geo. 5, c. 24), s. 6 - Whether limited company a "person" - Interpretation Act, 1889 (52 53 Vict., c. 63), ss. 2, 19.

  1. Sect. 6 (1) of the Motor Vehicles and Road Traffic Act (N.I.), 1930, makes it unlawful for "any person" to use or permit the use of a motor vehicle on a public highway unless there is in force such insurance against third-party risks as complies with the requirements of that Act. By s. 6 (2) of that Act if "a person" acts in contravention of the section he is liable to fine or imprisonment or to both, and "a person"so convicted shall be disqualified for holding or obtaining a driving licence. Held, that a limited company which permitted its employee to use a motor vehicle on a public highway was "a person" within the meaning of the section and could accordingly be convicted of an offence thereunder. The fact that the provisions of section 6 (2) relating to disqualification for holding or obtaining a driving licence are inappropriate to a body corporate which is not capable of holding or obtaining such licence does not...

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2 cases
  • David Hughes v Worldport Communications Inc.
    • Ireland
    • Supreme Court
    • 16 December 2008
    ...2005 IEHC 477 COMPANIES ACT 1990 S149(2) COMPANIES ACT 1990 S150(3) COMPANY LAW ENFORCEMENT ACT 2001 S41 BRIGGS v GIBSON'S BAKERY LTD 1948 NI 165 LAW SOCIETY v UNITED SERVICE BUREAU LTD 1934 1 KB 343 COMPANY LAW Directors Shadow directors - Restriction order - Whether body corporate could ......
  • Friends of the Irish Environment CLG v The Legal Aid Board
    • Ireland
    • Court of Appeal (Ireland)
    • 3 February 2023
    ...possible for the same word to be used in different senses in various sections of the same Act. Indeed, in Briggs v. Gibson's Bakery Ltd. [1948] NI 165, it was held that the word could, notwithstanding the provisions of the Interpretation Act 1889, have different meanings within the same sec......

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