Page 125 - 5. 2015 New 26-05-21 No Table

Examined by MR KENNEDY …Re…: 16
C Examined by MR POTTINGER: 26
Submissions on behalf of the Appellant: 28
Submissions on behalf of the: 29
D Respondent …Ruling…: 30
1
217,
5th March 2015

THE CLERK Are you Simon Cordell?
OF THE
COURT:

THE Yes, that’s correct.
DEFENDANT:

THE CLERK: Thanks. Take a seat.

THE Mr Pottinger, yes?
RECORDER:
MR My learned friend Mr Kennedy is for the appellant.
POTTINGER: Your Honour, the ~ this is a case of no insurance.
THE Mm.
RECORDER:
MR The defendant was stopped on Brixton Hill in a Ford
POTTINGER: Transit with a colleague. There are some disputes as to
facts but according to the officer he appeared to be
working at the time. There is in place a valid policy of
insurance for that vehicle, the vehicle covering social,
domestic, pleasure and motor trade purposes but not
work.
THE Social, domestic...?
RECORDER:
MR Pleasure and motor trade purposes. I’ve been -1 was
POTTINGER: looking at Archbold with my learned friend just to see
as far as what issues — who the burden is on. The
prosecution has to prove that the defendant used a
vehicle on a road. Once that is established, it’s for the
defendant to prove there was a valid policy of
insurance in force at the time. There’s no dispute the
vehicle was being used on a road, there’s no dispute
there was a valid policy of insurance in force at the
time. The dispute here is the nature of the use at the
time and in the place. I just want to check before we
start on whom that burden falls.
THE Right.
RECORDER: