Kebab man wins High Court battle

An Essex kebab van has won the right to continue trading after having a claim it obstructed the highway thrown out.

The Cosmos Takeaway, run by Osman Keskin, can continue to serve the residents of Laindon from an industrial site in Bramston Way.

The kebab firm was in the High Court following a private prosecution by a detective hired by Laindon Holdings.

The private detective failed on Friday in his attempt to persuade the court the van was an obstruction.

Laindon Holdings hired Malcolm Scott to launch a private prosecution against Mr Keskin but the case was originally thrown out by Basildon magistrates in June 2002.

'Legal error'

They found the van was making "a reasonable use of the highway".

On Friday Mr Justice Goldring, sitting with Lord Justice Kennedy, agreed with the magistrates.

The court heard Mr Keskin parked his van on the Laindon industrial estate at about 1800 GMT every night, selling hot food and beverages.

Timothy Spencer, for Mr Scott, argued magistrates had "erred in law" in reaching their decision and Mr Keskin had obstructed the highway.

He had urged the judges to send the case back to the magistrates court with a direction to convict Mr Keskin.