Weekly Law News

Tragic Death of Toddler Sparks Driving Offences Sentencing Row

There has been some controversy about sentencing for driving offences this week after the death of a toddler in Dorset. The defendant, Dean Phoenix, served a 12 month sentence after admitting to causing death by careless driving. The toddler, Jaiden Mangan, was tragically killed after Phoenix drove through a red light in his lorry. Furthermore, Phoenix was on licence from prison at the time after murdering his wife. Whilst death by careless driving carries a maximum sentence of 5 years, causing death by dangerous driving has a max of 14. Yet, Phoenix was cleared of the dangerous driving offence. The family of Jaiden is campaigning for stricter sentencing for driving offences.

For more information: Independent Article   BBC Article 

High Court Rules Heathrow Expansion Plans Lawful

The High Court has ruled that the government’s plans to expand Heathrow Airport, with the introduction of a third runway, are lawful. The campaigners, including London Mayor Sadiq Khan and charities such as Greenpeace, argued that the government National Policy Statement on the project did not take full account of the negative impact on air quality, noise, congestion and climate change. Lord Justice Hickinbottom pointed out that the ruling was about the legality, not the merits, of the National Policy Statement. Having ruled it legal the government do not need to devise another National Policy Statement, nor put it to Parliament.

For more information: BBC   Guardian     Independent

Julian Assange Guilty of Breaching Bail

I’m sure we have all seen the news about the arrest of Julian Assange, the co-founder of Wikileaks, after Ecuador withdrew its asylum. Assange has taken refuge in the Ecuadorian Embassy in London in 2012 to avoid extradition to Sweden to face sexual assault allegations. Assange has now been sentenced 50 weeks in jail for breaching his bail conditions. Judge Deborah Taylor stated that Assange’s actions had undoubtedly affected the Swedish proceedings. Assange now faces US federal conspiracy charges and potentially still faces sexual assault charges in Sweden if Swedish prosecutors decide to re-open the case. The UK government will have to decide whether to extradite Assange to the US/Sweden in response to these allegations.

For more information: BBC  Guardian

P&O sues UK government over no-deal Brexit ferry case

The government is in further trouble over its no-deal Brexit ferry plans after P&O have accused the government of unlawfully handing their rival £33million of taxpayer money.

The Department of Transport had awarded contracts worth more than £100m in total to three firms – Brittany Ferries, DFDS and Seaborne Freight – in order to prevent congestion at UK ports in the event of a no-deal Brexit. The government was heavily criticised for its selection process, especially after it had to cancel its contract with Seaborne as they had never run a ferry service. The Eurotunnel challenged this procurement of shipping contracts, successfully suing the government for not considering it for a contract as it has run a ferry service before. The claim was settled for the aforementioned £33m outside of court.

Now, P&O is arguing that this settlement puts its business at a “competitive disadvantage”. The settlement could be found to be illegal state aid. If this is found, the government will have to recover the aid in full and will most likely have to pay P&O damages.

For more information: BBC  Guardian

Quick News

  • HMRC is set to bring in an online complaints process which will allow taxpayers to log complaints online for the first time from autumn. Currently, you can only make a complaint via post, phone or fax.
  • The UK’s competition regulator has blocked the planned merger of Sainsbury and Asda arguing it would lead to a poorer shopping experience for UK shoppers with increasing prices and reduced product choice.
  • Big companies are reducing the amount of money set aside for legal claims and regulatory fines due to the decrease in scandals and related litigation which emerged following the financial crisis.
  • The 800m Olympic champion, Caster Semenya, has lost her appeal against the International Association of Athletes Federation (IAAF). This means the governing body will be allowed to restrict testosterone levels in female runners.
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