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17 November 2017 / Alec Samuels
Issue: 7770 / Categories: Features , Profession
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Protecting the pedestrian

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Alec Samuels addresses an irresponsible minority & lays down the law for safer pavements

The pedestrian on the footway needs protection from the unlawful or irresponsible cyclist and mobility scooter driver. The pedestrian has been intimidated, knocked down and injured. The pedestrian may be a child, an old person, a disabled person, indeed anybody. Abuse of the footway is rife, albeit by a minority of irresponsible people.

Careless cycling is an offence (Road Traffic Act 1988 s 29, penalty level 3 fine), and dangerous cycling is an offence (Road Traffic Act 1988 s 28, penalty level 4 fine). Doing or causing to be done bodily harm by wanton or furious driving of any carriage (which includes cycle) is an offence (Offences Against the Person Act 1861 s 35, penalty maximum two years).

Charlie Alliston who caused the death of a pedestrian on the carriageway by wanton or furious driving of an unroadworthy cycle was convicted not of manslaughter but of the Offences Against the Person Act 1861, and sentenced in September 2017 to 18 months

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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