Doublethink in the High Court: using a mobile phone whilst driving does not necessarily mean “using” it – Park Square Barristers

‘On 31st July 2019 Lady Justice Thirlwall DBE and Mr Justice Goss handed down the judgment of the High Court on what amounts to “using a hand-held mobile telephone or other hand-held interactive communication device” whilst driving in DPP v Barreto [2019] EWHC 2044 (Admin).’

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Park Square Barristers, 12th August 2019

Source: www.parksquarebarristers.co.uk

When is a Highway “Maintainable at Public Expense”? – Zenith PI Blog

‘The claimant brought an action against the defendant for personal injury following a tripping incident on a path in Abram Park, Wigan. At trial the judge found that the path was in a dangerous and defective state but also found that the path was not a highway “maintainable at public expense” for the purposes of section 36 of the Highways Act 1980 and as such the defendant did not owe a duty under section 41 of the Act.’

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Zenith PI Blog, 28th June 2019

Source: zenithpi.wordpress.com

Legal Update: Section 73 Applications – No. 5 Chambers

Posted July 3rd, 2019 in energy, news, planning, road safety by sally

‘The planning permission is secured, the conditions are in place, now all that’s left is to commence development, right? Not necessarily. As planners you’ll be keenly aware that the road to development is not always smooth. Unexpected events occur, problems arise, and sometimes once permission has been obtained people are unable to comply with conditions or have a change of heart. Luckily, there are options available which do not necessarily mean going back to the drawing board.’

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No. 5 Chambers, 2oth June 2019

Source: www.no5.com

Bike gang sentenced for Birmingham and Solihull rampage – BBC News

‘Nearly 30 men have been sentenced for their part in a bike gang’s five-hour rampage through Birmingham.’

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BBC News, 18th March 2019

Source: www.bbc.co.uk

Carol Boardman death driver jailed for 30 weeks – The Guardian

‘A driver who fatally ran over the mother of the Olympic cyclist Chris Boardman has been jailed for 30 weeks.’

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The Guardian, 31st January 2019

Source: www.theguardian.com

Coventry supermarket death crash bus company fined £2.3m – BBC News

‘A bus company that ignored warnings about a driver who crashed into a supermarket, killing two people, has been fined £2.3m.’

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BBC News, 27th November 2018

Source: www.bbc.co.uk

Dangerous driving, joint criminal enterprise and ex turpi causa defence: is mens rea made out? – Zenith PI

‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence.’

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Zenith PI, 26th November 2018

Source: zenithpi.wordpress.com

Law Commissions open consultation into new rules for UK’s self-driving future – Law Commission

‘The Law Commission of England and Wales and the Scottish Law Commission are launching the first of a series of public consultations about crucial legal reforms which will ensure the country is prepared for the introduction of automated vehicles.’

Full press release

Law Commission, 8th November 2018

Source: www.lawcom.gov.uk

Ford, Fiat and Nissan ads banned for dangerous driving – BBC News

Posted October 24th, 2018 in advertising, complaints, dangerous driving, news, ombudsmen, road safety by tracey

‘Three different carmakers have had ads banned for encouraging unsafe driving.’

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BBC News, 23rd October 2018

Source: www.bbc.co.uk

Three police forces will test eyesight of all drivers stopped – BBC News

Posted September 3rd, 2018 in health, news, police, road safety, road traffic by sally

‘Drivers who fail to read a number plate from 20m (65ft) away when stopped by police will have their licences revoked immediately in a new crackdown.’

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BBC News, 3rd September 2018

Source: www.bbc.co.uk

Council defeats Court of Appeal challenge over road accident and vegetation – Local Government Lawyer

Posted May 10th, 2018 in appeals, duty of care, local government, news, road safety, roads by sally

‘Appeal judges have refused to create a duty of care with “potentially serious and costly consequences for very little practical gain” in a case over whether overgrown vegetation contributed to a road accident.’

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Local Government Lawyer, 9th May 2018

Source: www.localgovernmentlawyer.co.uk

Self-driving cars and “safety-critical” software updates – Technology Law Blog

‘As noted previously, the Automated and Electric Vehicles Bill currently under consideration by Parliament includes draft rules concerning the insurance of “automated” vehicles – being vehicles “designed or adapted to be capable, in at least some circumstances or situations, of safely driving themselves”. Tesla, Volvo, and BMW amongst others have already developed vehicles with limited self-driving capabilities, although fully autonomous vehicles (i.e. those actually capable of driving themselves) are still in the testing phase.’

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Technology Law Blog, 30th October 2017

Source: www.technology-law-blog.co.uk

Holly Clegg discusses The Court of Appeal on Potholes – Park Square Barristers

Posted July 5th, 2017 in appeals, negligence, news, road safety, roads by sally

‘Holly Clegg considers the recent case of Lee Crawley v Barnsley Metropolitan Borough Council. Councils must have an adequate system in place for repairing defects in the highway over the weekend.’

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Park Square Barristers, 14th June 2017

Source: www.parksquarebarristers.co.uk

Police and courts fail cyclists over road safety, says cross-party inquiry – The Guardian

‘Policing and the justice system are too often failing cyclists, making the roads too dangerous for people to ride on them, and then not properly prosecuting or banning motorists who commit offences, a cross-party group of MPs and peers has warned.’

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The Guardian, 2nd May 2017

Source: www.guardian.co.uk

Regulators should recognise that drivers cannot be expected to stay in-the-loop in highly autonomous vehicles – Technology Law Update

Posted February 23rd, 2017 in computer programs, consultations, insurance, news, road safety, road traffic by sally

‘The UK Government’s response to last year’s consultation on driverless cars concluded that the current approach of rolling regulatory reform was the right one, giving the flexibility to adapt to technological change and enabling innovation in a step-by-step way. The focus should be on technologies that are near to market, working to facilitate their safe introduction to UK roads.’

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Technology Law Update, 22nd February 2017

Source: www.technology-law-blog.co.uk

Councils should be forced to fix potholes immediately, Court of Appeal rules – Daily Telegraph

Posted February 3rd, 2017 in local government, news, repairs, road safety, roads by sally

‘Councils should be forced to fix serious potholes immediately the Court of Appeal has ruled, after judges found in favour of a jogger who hurt his ankle.’

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Daily Telegraph, 2nd February 2017

Source: www.telegraph.co.uk

The Child in the Road Part 2 – Zenith PI Blog

‘Six months ago I discussed at some length the issues arising from the decision of the Supreme Court in Jackson v Murray [2015] PIQR P249. More recently in Sabir v Osei-Kwabena [2016] PIQR Q56, the problem cropped up again, this time in the Court of Appeal.’

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Zenith PI, 7th March 2016

Source: www.zenithpi.wordpress.com

London safer lorry scheme in force after cyclist deaths – BBC News

Posted September 1st, 2015 in fines, London, news, road safety, road traffic by sally

‘A ban on “unsafe lorries” in London, introduced as part of efforts to protect cyclists, has come into force.’

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BBC News, 1st September 2015

Source: www.bbc.co.uk

The Law of the Road – BBC Unreliable Evidence

Posted June 3rd, 2015 in accidents, news, road safety, road traffic offences by sally

‘Clive Anderson and a panel of legal experts discuss how changes to our traffic laws could reduce the numbers of motorists, cyclists and pedestrians killed or injured on the road?’

Listen

BBC Unreliable Evidence, 27th May 2015

Source: www.bbc.co.uk

Driverless cars legal review – only one step on the journey – Technology Law Update

Posted February 12th, 2015 in codes of practice, consultations, news, reports, road safety, road traffic by sally

‘The UK government has reported on its major review of the legal framework for the next stage for driverless cars. In The Pathway to Driverless Cars the Department for Transport sets out government thinking on what needs to change to support testing soon to be rolled out on British roads, and to pave the way for increasing autonomy into the future.’

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Technology Law Update, 11th February 2015

Source: www.technology-law-blog.co.uk