Oxford v Austin

JurisdictionEngland & Wales
CourtDivisional Court
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15 cases
  • Clarke v Kato; Cutter v Eagle Star Insurance Company Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • November 29, 1996
    ...a whole and held "this multi-storey car park is not a road…" He relied principally on "the criterion laid down by Kilner-Brown J. in the Oxford v Austin 6The appellant contends that the judge ought to have found that the car park was a road; the respondent by cross notice argued that even i......
  • Massey v Boulden
    • United Kingdom
    • Court of Appeal (Civil Division)
    • November 14, 2002
    ...to be challenged on behalf of the appellants. Insofar as a road is a definable way between two points over which vehicles can pass (see Oxford v. Austin (1981) RTR 416)I have no doubt that the judge was right. Was he correct in holding that the public does not have access? I think not. Alth......
  • Clarke v Kato; Cutter v Eagle Star Insurance Company Ltd
    • United Kingdom
    • House of Lords
    • October 22, 1998
    ...circumstances he took the view that it was not a road. He sought in particular to follow the criterion expressed by Kilner Brown J. in Oxford v. Austin [1981] R.T.R. 416 at p. 418 where he referred to "a definable way over which vehicles may pass which in plain common sense qualifies as a ......
  • Roberts v DPP
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • March 19, 2008
    ...of Public Prosecutions v Cargo Handling Limited [1992] RTR 318, and Clarke v Kato [1997] RTR 264, this last case also considering Oxford v Austin [1981] RTR 416. In Deacon v AT, a 15-year old who drove a motor car on a Council housing estate was charged with offences of driving a vehicle on......
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1 books & journal articles
  • Recent Judicial Decisions
    • United Kingdom
    • Police Journal: Theory, Practice and Principles No. 72-2, April 1999
    • April 1, 1999
    ...not a particular road is one to which the public has accessis one of fact and degree: see Waterfield [1964] I QB 164.In Oxford v.Austin [1981] RTR 416, consideration was given as to whether or not acar park was a road.In Randall v.Motor Insurers' Bureau [1968] I WLR 1900, a pedestrian pavem......

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