Our view of some of the legal news stories

Bus driver jailed for killing boy

Bikers jailed for excessive speed

Back-pay for underpaid employees

Taking the Law into his Own Hands

Deadline for Speed Camera Painting

Record award in sex discrimination case

Essex police clamp down on motorists

Breast Screening fiasco
New Speed Camera Rules

Bus driver jailed for killing boy
(13/10/03)

A bus driver who killed a four-year-old boy when his bus mounted the pavement in south-east London has been jailed. Paul Moses, 27, was sentenced to two-and-a half years on Monday after he was convicted of causing death by dangerous driving.

His bus crashed into railings in Peckham and onto the pavement where it hit Donte Byron and his mother Samantha as they walked hand in hand on 7 August 2002. Donte was declared dead soon afterwards. His mother, who was seven months pregnant, broke her leg and was treated for shock. She later gave birth without complication.

Moses, from Deptford, south-east London claimed he lost control of his number 36 Routemaster bus when a bee or wasp flew in through the window. But the trial was told he became annoyed when a van driver pulled in front of him and he had swerved to argue with the driver.

Inspector Andy Dawson said CCTV footage showed his hands were firmly on the wheel throughout the crash.

Judge Gregory Stone QC said he failed to take any action to avoid the pavement, despite having eight or nine seconds to do so. He told Moses: "Anyone looking at the video simply cannot understand how a driver just careers onto the pavement over that distance and for this period of time without taking the slightest corrective action. I'm driven to the conclusion that you were simply not looking where you were going."


Bikers jailed for excessive speed
(15/07/03)

Two motorcyclists who were recorded overtaking a lorry at 157mph (the highest speed ever recorded by police on a British road) and 148mph, have been jailed for 28 days by Aylesbury Magistrates.

Andrew Osborne, of Leamington Spa, Warwickshire, was caught speeding on his 1200cc Kawasaki motorbike on the busy A412 Tingewick bypass near Buckingham in March this year. The 29-year-old had been riding with a friend, 29-year-old Neil Bolger, who was riding a  Kawasaki 750cc.

The two vehicle technicians, who both work for the same company, had pleaded guilty to dangerous driving at an earlier hearing.

Bench chairman David Thomas told Osborne and Bolger they would only serve half of their sentence in prison and the rest would be suspended.

Both Osborne and Bolger were also each disqualified from driving for two years and told they would have to take an extended re-test at the end of that disqualification before they could drive again.

Back-Pay for underpaid employees (08/07/03)

A new law has come into force that means that employees who were paid less than the minimum wage in a previous job can now force their former employer to make up the difference.

Underpaid workers are already entitled to back-pay from current employers, but former employers have until now been able to escape liability because of a loophole in the 1998 legislation which introduced the minimum wage.

The minimum wage, currently set at £4.20 an hour for adults aged 22 or over, is set to rise to £4.50 an hour in October.

Workers aged 18 to 21 will see their hourly rate rise from £3.60 to £3.80.

Anyone who thinks they are not being paid the minimum wage is being advised by the government to contact the enforcement helpline on 0845 6000 678 or use the government's www.tiger.gov.uk website.

Blood Tests without Consent (01/10/02)

From 1 October 2002 doctors have been given the legal right to take blood samples from incapacitated drivers involved in road traffic accidents, if the police believe that they may have been driving with excess alcohol or drugs in their system. The sample cannot be tested until the subject is conscious, but failing to give permission for it to be tested could lead to a prosecution. 

The power is contained in the new Police Reform Act 2002.

Taking the Law into his Own Hands (31/07/02)

A mature law student studying at the University of Wolverhampton has succeeded in a claim that he was bringing himself against the University for breach of contract.

Mike Austen, 54, claimed that the University had failed to live up to the claims that it made about itself and its law course. After a preliminary hearing had been adjourned the University decided to settle his claim for £30,000, although they did not admit liability.

Mr Austen claimed that the lecture halls were crowded, students were turned away from tutorials and "the exams were appalling". 

Ironical then that having been such a disaster that he should succeed in his personal claim against the University.  

Deadline for Speed Camera Painting (01/07/02)

1st July 2002 was the day by which the Government had told all the police forces who are part of their Speed Camera netting-off scheme (ie they are allowed to keep some of the revenue they raise from their speed cameras for themselves) that they had to have painted all their cameras yellow.

Have they? Have they heck? So what are the dire consequences of this blatant disregard of the regulations of the scheme? The Transport Minister promises that the Government will be getting tough with the culprits.......but could not elaborate further.

Consequences for the motorist? Cameras remain grey and anonymous, and the breach has no effect on any criminal proceedings that may follow if caught on camera.  

Record award in sex discrimination case
(20/06/02)

Former City analyst Julie Bower 37, will be paid a record £1.4M plus interest, after her former employers decided not to appeal against an earlier decision of the Employment Tribunal, where it had been found that she had been discriminated against on the basis of her sex.

The case revolved around the huge bonuses paid to City analysts. Mrs Bowers' was just £25,000 and even when it was subsequently raised to £50,000, it was nowhere near her male counterparts, who received up to £650,000. The reduced bonus appears to have been used to try and force Mrs Bowers out of the company. It succeeded but landed her employers Schroder Securities with a huge compensation bill as well.

Mrs Bowers has not worked since she was dismissed in 1999.

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Essex police clamp down on motorists (02/06/02)

Essex police took the unprecedented step of holding a special court for 150 motorists who have all been caught speeding at more than 100mph on the same four lane stretch of the A130 Rettendon by-pass in recent weeks.

In the first 40 cases magistrate Sheena Collins imposed driving bans of up to 49 days and fines of up to £700 on the procession of motorists who appeared before her.

David Axford had the dubious honour of being the fastest motorist at 130mph. He was banned from driving for seven weeks and fined £300. 

Police used a variety of methods to catch the motorists, including hand-held radars, police in marked and unmarked cars, and police parked in lay-bys. Up to 200 other motorists have also received fixed penalty notices for exceeding the 70mph speed limit.

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Breast Screening Fiasco (15/04/02)

An inquiry by the Commission for Health Improvement (CHI) into a breast screening programme in which 11 women were wrongly given the all-clear has said there were "unacceptable and avoidable failures".

The report, by the health standards watchdog looked at errors at the West of London Screening Service, run by Hammersmith Hospitals NHS Trust.

One woman, whose diagnosis was delayed for 15 months, has subsequently died of breast cancer. Her family, and six of the other women affected, are considering legal action.

CHI said the report was a "wake-up call for the whole NHS". It makes 36 recommendations, and says lessons from events at West London need to be learned both there and nationally.

CHI said a number of factors led to the errors including files marked in a confusing way, with scope for women needing a routine check in three years time to be mixed up with women who needed an immediate recall. Perhaps more worryingly the service also failed to learn from previous mistakes there and elsewhere in the service.

Derek Smith, chief executive of Hammersmith Hospitals NHS trust accepted the report's findings and apologised to the women affected and their families. The trust blamed the errors on a backlog of work caused by increasing demand and staff shortages.

The inquiry was launched by CHI last April. More than 174,000 cases, dating back to 1993, were reviewed. Of the 11 given the all-clear, six had found signs of breast cancer and were being treated by the time the results emerged. The other five were offered treatment including radiotherapy and chemotherapy.

The mistakes came to light after a woman was sent the wrong letter telling her to return to hospital in three years instead of immediately.

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New Speed Camera Rules (03/12/01)

High visibility speed cameras painted in bright colours are being unveiled by the government on 3 December 2001. The cameras, come with new rules on the position of camera signs as part of a drive to cut the number of accidents.

Despite plans to introduce thousands more cameras on the UK's roads, the government is worried many drivers brake suddenly when they see one. Under the new measures, speed cameras must now be visible from a distance of 66 yards on roads with a speed limit of up to 40mph and 109 yards for speeds above that. Police forces will also be forbidden from putting up speed trap warning signs on long stretches of roads where there are no cameras. The signs will now have to be no more than two thirds of a mile from the nearest camera. The government has already announced that speed cameras can only be put in locations with a history of crashes.

Errant motorists should not get too excited by the new rules however, as a breach does not constitute any sort of defence to a speeding charge. Police forces merely run the risk of being thrown out of the "netting-off" scheme. 

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