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Highway - Obstruction - "Excuse" - Motor van selling hot dogs - Van parked near bus stop for five minutes - Whether unreasonable use of highway - Circumstances to be considered - "Wilfully obstructs" - Highways Act, 1959 (7 & 8 Eliz. 2, c. 25), s. 121 (1)
On a charge of wilfully obstructing the free passage along a highway, contrary to Highways Act 1959 (repealed) s 121(1), there must be proof that the user in question was an unreasonable use. Whether or not the user amounting to an obstruction is or is not an unreasonable use of the highway is a question of fact depending on all the circumstances, including the length of time the obstruction continues, the place where it occurs, the purpose for which it is done, and whether it does in fact cause an actual obstruction as opposed to a potential obstruction.
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