No proof of maintenance
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• An appeal by F. G. F. (Aston) Ltd, of Princip Street, Aston, Birmingham, against its conviction by Sutton Coldfield magistrates of permitting the use of a lorry, parts of which were in such a condition that danger was likely to be caused to anyone in the lorry or on the road, was dismissed in the High Court on Monday.
Lord Parker (Lord Chief Justice), presiding in the Queen's Bench Divisional Court, said the sole point was whether the company, which entrusted maintenance to other companies, had sufficient knowledge of the lorry's defects to justify the magistrates' decision.
There was no proof that the company's maintenance policy had been implemented and the magistrates were entitled to come to the conclusion that the company had constructive knowledge of the vehicle's defects, said Lord Parker.
Mr Justice Ashworth and Mr Justice Donaldson agreed that the appeal should be dismissed with costs.