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Ruling on 'due diligence'

13th June 1969, Page 47
13th June 1969
Page 47
Page 47, 13th June 1969 — Ruling on 'due diligence'
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Which of the following most accurately describes the problem?

• At a rehearing in Leeds magistrates court on Tuesday W. G. A. Robinson (Express Haulage) Ltd. was fined £2 on each of two charges of failing to cause records to be kept.

On May 2 1968 the magistrates had dismissed the charges and awarded costs against the Ministry. On appeal the Lord Chief Justice had ruled that the defendants should have been called to prove that they had paid due diligence in regard to the keeping of records and the evidence should not have solely been solicited from the prosecution witness. They had to show that they had taken steps in the past by checking records, by informing drivers of the records to be kept and threatening them with dismissal if they did not comply, said Lord Parker.