Director of Public Prosecutions v Whittaker

Motor insurance – Compulsory insurance against third party risks. The prosecution appealed by way of case stated against the justices' decision, dismissing a summons alleging use of a motor vehicle on a road without a policy of insurance on the basis that there had been no insurance for a business use of the respondent's van. The Divisional Court, in dismissing the appeal, held that the prosecution bore the onus of proving that the van had been used for business use. The state of the van alone had not been enough to enable a reasonable tribunal to be sure of the business use and the justices had been entitled to their conclusion.

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