Page 639 - Driving Ban Simulation 1

2
218,
THE RECORDER: Working?
MR POTTINGER: The defendant will say other -- but who’s — who’s got to prove it and to
what standard.
THE RECORDER: I understand. Exactly.
MR POTTINGER: The – I mean, it’s — it’s clear that the Crown say he was in work B
clothes with a friend, covered in paint.
THE RECORDER: Yes.
MR POTTINGER: On a weekday afternoon. And he was -- gives some kind of explanation.
THE RECORDER: So, if I drove home in my robes that might indicate that I was working
instead of commuting?
MR POTTINGER: If — well, that’s the issue. Because there -- there is no dispute that there
was in policy — in force a valid policy.
THE RECORDER: Has -- anyone got this policy?
MR POTTINGER: There’s some correspondence which has been obtained, yes. The officer at
the time made enquiries with the insurance company.
THE RECORDER: Okay.
MR POTTINGER: But whether it covers the use -- and I --1 do also have recollections that —
I just want to see if I can find a reference because I
THE RECORDER: Do you? Well, I think — I think you need to find
MR POTTINGER: I think there are cases covering where there’s a clause in the policy and
what — what exactly offence, if anything, committed.
THE RECORDER: Yes.
MR POTTINGER: I just want to check that.
THE RECORDER: Yes, I think — I think you need to.
3
219,
MR POTTINGER: I was thinking -- just looking it up before that was fine but actually,
thinking again, we’re not ready because we just need to check this point of
law.
THE RECORDER: Yes, you need to clarify that. My knee-jerk reaction is that it will be on the
Crown to prove that
MR POTTINGER: That’s my knee-jerk reaction as well.
THE RECORDER: but I
MR POTTINGER: But I just think we should clarify it.
THE RECORDER: I agree entirely. Mr Kennedy, any views?
MR KENNEDY: I agree with everything that’s been said.
THE RECORDER: Okay.
MR KENNEDY: It’s a single-issue case.
THE RECORDER: Yes.
MR KENNEDY: Whether he was using that vehicle for working that day.
THE RECORDER: Right.
MR KENNEDY: That’s the issue.
THE RECORDER: Can you help me with this?
Whose -- policy is it? Is it a work policy?