Is it an offence for a driver to deliberately splash a pedestrian?

Is it an offence for a driver to deliberately splash a pedestrian?

This article seems to suggest that drivers can be fined up to £5000 for splashing pedestrians - well.. technically they can but Lucinda Dore has represented many drivers over the years and never one for splashing!

Here's what the law actually says about careless driving/driving without due care and attention.