Source: All England Reporter
Publisher Citation: [2014] All ER (D) 169 (Jan)
Court: Queen's Bench Division, Divisional Court

Pitchford LJ and Cranston J (judgment delivered extempore)

Representation Michael Shrimpton (instructed by Henry's Solicitors Ltd, Blackpool) for the appellant.
  The defendant did not appear and was not represented.
  Paul Jarvis (instructed by the Crown Prosecution Service) for the CPS.
Judgment Dates: 24 January 2014


Constitutional law - Minister - Delegation of powers - Appellant admitting driving in excess of temporary variable speed limit on stretch of road - Variable speed limit being imposed by Highways Agency - Appellant contending speed limit ultra vires as not imposed by Secretary of State - Appellant being convicted - Appellant appealing by way of case stated - Whether speed limit ultra vires - M62 Motorway (Junction 25 to Junction 30) (Temporary Restriction and Prohibition of Traffic Order) 2011 .

The Case

Constitutional law Minister. The appellant was convicted of speeding on a stretch of the M62 at a time when a temporary variable speed limit was in place. He appealed by way of case stated on the basis that the imposition of the variable speed limit was ultra vires and that it was insufficiently certain. The Divisional Court dismissed the appellant's appeal as it was plain that the words used in s14 of the were intended to provide the traffic authority with the power to impose speed restrictions as needed and that the imposition of the variable speed limit had not been ultra vires.

If you are a LexisLibrary subscriber you can read more about this case here.