Sam owns a mobile fish and chip van which he regularly parks in a layby on the A55 duel carriageway selling fish and chips and soft drinks. One morning he receives a court summons stating that he has been charged with breach of a bylaw which states:-
‘It is an offence to operate any mobile premises on the A55 (a road) for the sale of burgers, hot dogs or other food. The sale of coffee, tea and other hot drinks is also prohibited.’
Sam tells you ‘I only sell fish and chips and coke – they can’t touch me!’
Using the rules of statutory interpretation explain to Sam the risks he runs of being convicted of the offence.
Part 2
Sam has a further problem. He hires his van from a food retail company. As part of the contractual agreement the company is required to fix any mechanical problems the van may encounter. Recently the van’s gear box failed, but when Sam asked the company to fix this problem they refused. Sam undertook the repair himself which cost him £500. Sam would like to recover this money from the company, but is uncomfortable about using the court system.
Explain to Sam the alternatives that exist to a civil court action. What advantages and disadvantages do these alternatives have?
