header-logo header-logo

17 November 2017 / Alec Samuels
Issue: 7770 / Categories: Features , Profession
printer mail-detail

Protecting the pedestrian

nlj_7770_samuels

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll