Wheel Life: Legal reflections on vulnerable road users: Recent Episodes
DAC Beachcroft & 39 Essex Chambers
Legal reflections on vulnerable road users – the podcast where two experienced lawyers, who also happen to be enthusiastic cyclists, chat their way through topics concerning cyclists and other vulnerable road users from a legal and insurance perspective.
In the run up to Christmas 2022 Emily Formby and Caroline Hall spoke with Paul Yaghmourian, Public Affairs Officer at the MIB, about the MIB’s role dealing with claims arising out of accidents involving illegal e scooters and discussed where next for e scooter legislation. Whilst there has been a little bit of a delay in publishing this episode, due to rumoured legislation being kicked into the long grass and the government being quiet about their next steps, there is nothing new to add to what was discussed back in December! So sit back, cast your mind back to mid December and hear what Paul hoped Father Christmas would bring as a Christmas present!
After a short hiatus, Emily Formby and Caroline Hall are delighted to welcome Margaret Winchcomb, Deputy Executive Director of PACTS, the Parliamentary Advisory Council for Transport Safety. Recorded on International Women’s Day they talk about Margaret’s leading research and policy work field of private e-scooters and her recommendations for future legislation.
She ends by inviting us all to join the PACTS Mircomobility safety and sustainability Conference, to be held Tuesday 28 March 2023: here.
UPDATE: In this episode we discuss the imminent sentencing of the 14 year old e-scooter rider arising from the death of Linda Davis. Link to BBC report here.
In this episode Caroline Hall and Emily Formby have a short discussion about recent cases including Drago v LB Barnet an ongoing private e-scooter claim currently before the Courts. A short episode to pop into your Christmas Stockings, as Emily and Caroline set out what we currently know, and what might come next…
CORRECTION the further hearing date for Drago v LB Barnet is currently listed for March 6, 2023
In this episode, Emily Formby and Caroline Hall hear the compellingstory of Scott Richardson and his own pathway through amputation and rehabilitation and beyond. Now working for PACE Rehabilitation, Scott speaks of his early years as a biker – and how life has unfolded post amputation, including a turn in Star Wars as Quiggold in The Force Awakens!
A follow up to the episode of Wheel Law broadcast in February 2021, in this episode Caroline Hall and Emily Formby are joined by special guest Ash Sharma, a criminal law specialist at DAC Beachcroft. Their wide ranging discussion includes reflections on the legislative attempts to create criminal offences relating to dangerous, careless or inconsiderate cycling, and the ongoing political concerns around potential new offences relating to escooters.
With legislation for E Scooters in the UK seemingly moving further into the distant future, Emily and Caroline decided to take a hop across the Irish Sea to Dublin where they speak with David Kennedy of DACB about the Irish legislation which is progressing at speed to make E Scooters legal at the start of 2023. They discover the areas which have sparked debate and hear about the differences with the UK trial schemes. *Since recording this episode the proposed Irish E Scooter legislation has passed through the final stage of Dail Eireann and is now making its way through Senead with the hope it will be enacted in the first half of 2023.
Caroline Hall and Emily Formby are back, for series 3 of Wheel Life. In this episode they discuss their plans for the forthcoming series and chat about what has been happening over the last few months.
Emily Formby QC and Caroline Hall wrap up the second series of Wheel Life with a look back on who and what they have chatted about and a look ahead to a third series of Wheel Life – coming in September 2022.
In the final interview of Series 2, Wheel Life goes to the Big Apple to discuss folding helmets and cycling in New York with Jessica and Asaf of the Things that Fold blog (http://www.thingsthatfold.com (www.thingsthatfold.com)). We discuss what we like and dislike about folding helmets, and cycling in cities in general. No endorsements in this chat, just our views for better or worse – and we chat about a few other folding surprises along the way!
Caroline Hall and Emily Formby QC take the time to have a discussion about helmets – particularly bike helmets – and what they can and cannot do. Often a topic of heated debate, they take a cool look at the legal controverses of helmet wearing and consider the extent to which failing to wear a helmet puts a cyclist (or other road user) at risk of contributory negligence in an accident.
Special guest Ridhi Kalaria of Sustrans joins Emily Formby QC and Caroline Hall in this episode of Wheel Life. With a nod to International Women’s Day, they discuss cycling and the built environment and all the ways Sustrans is working to encourage the growth of cycling, walking and scooting in our daily lives.
Special guest Alan Hiscox, Director of Safety, British Horse Society joins Emily Formby QC and Caroline Hall to discuss a sometimes overlooked vulnerable road user; the horse! With a deep dive into what the new Highway Code means for horses and carriages via safety campaigns for horses and their interaction with autonomous vehicles, this episode has it all – including a chat about strip tease on horseback and riding with the Mounties!
Caroline Hall and Emily Formby QC discuss the recently in force changes to the Highway Code – looking at what has changed, why so few people know about the changes and what the impact may be for vulnerable road users – particularly bikes, pedestrians, horses and e-scooter riders.
In this episode we return to the topic of E-scooters, one of Caroline Hall’s favourite topics. She and Emily Formby QC chat through what has happened in the e-scooter world in the last 12 months: they evaluate the public e-scooter trials, the boom of private e-scooters and the potential pathway of future legislation and litigation.
Peter Allchorne of DACB returns to this episode of Wheel Life to update Caroline and Emily on the latest developments in automated vehicles and the future of transport. Get your head around the future of driving – or being a user of a computer on wheels -in this fascinating glimpse of next century travel.
Emily’s colleague Daniel Kozelko returns to update us on the TAG litigation and Streetspace roll out. Considering the response of the higher courts to the challenges posed by the pandemic, we discuss the longer term effect of changing street use to vulnerable road users.
Emily Formby QC and Caroline Hall complete their review of recent case law by looking at cases involving motorbikes and children.
Emily Formby QC and Caroline Hall return with series 2 of their Wheel Life podcast catching up on some case law from the past few months. In this episode they recap the principles of liability and consider bicycles involved in road traffic and highway claims.
Episode 12 marks the end of the first series of Wheel Life. Emily and Caroline take the time to reflect on what they have learnt and discussed in series 1, look forward to series 2 and highlight areas of change they predict for vulnerable road users over the next few months.
In this episode Mike Scott of Adduce Services talks to Caroline Hall and Emily Formby QC about the work of an accident reconstruction expert: the plus and minus of expert evidence in civil claims and how conspicuity and kindness can keep us safe on the roads.
In this episode Emily Formby QC and Caroline Hall talk to Adam Tranter, Coventry’s Bicycle Mayor about his role and his plans for the future of transport – by bike.
This week’s special guest is Laurence Hunter, VP at specialist cycling insurer Laka, who joins Caroline and Emily to discuss what insurance a cyclist should have and what they may wish to take into account when considering coverage.
In this episode, Emily’s Chambers’ colleague, Daniel Kozelko joins us to discuss the London Streetspace scheme and issues for vulnerable road users arising from Covid road changes.
Emily and Caroline finish their review of this area including cases involving children pedestrians, scooters and horses.
Emily and Caroline scratch the surface of civil case law involving cyclists, pedestrians and other vulnerable road users.
This episode Caroline and Emily discuss whether there needs to be an update to the criminal law as it applies to cyclists, along with how it might apply to e scooter riders in due course, and explore causing bodily harm by wanton or furious driving or other misconduct contrary to S35 Offences Against the Person Act 1861.
Joined in this episode by Nick Brown, the CEO of Havebike, to discuss all things bike maintenance, Caroline Hall and Emily Formby explore the “M shape” bike maintenance check list and chat about electric bikes, cycle hire schemes and bike maintenance in the workplace
Accidents on the highway are a distinct branch of claims that can give rise to difficult issues. Emily Formby and Caroline Hall discuss the basis of such claims and some of the pitfalls claimants and defendants need to be aware of when facing such claims.
Emily Formby and Caroline Hall are joined by DAC Beachcroft colleague Peter Allchorne. In this episode Peter joins Caroline and Emily as they explore some of the present and anticipated issues surrounding E-scooters and alternate forms of transport now and in the future
If you have an interest in cycling, the law, vulnerable road users or just a friendly bike related chat then join Caroline Hall of DAC Beachcroft Claims Limited and Emily Formby of 39 Essex Chambers – two lawyers and friends who here introduce the aim of their new podcast series Wheel Life.