Keeping her promise to deliver a determination before Christmas, HHJ Karen Walden-Smith handed down judgment yesterday in Frederik Tylicki v Graham Gibbons and in line with other recent High Court decisions, it comes promptly after closing submissions on 3 December. A copy of the judgment can be accessed here.
The claim arose from an incident during a flat race in October 2016 at Kempton in which the claimant’s and defendant’s horses collided, causing the claimant to fall and be rendered paraplegic from the injuries he suffered.
Much press was generated during the trial itself. That is nothing new, particularly in high profile sports claims. Here, the life changing injuries suffered by the claimant grabbed the headlines and not simply for the potential compensation award but because he remains not just connected to the sport, but through his punditry, in its limelight. The negative spin in the story came from the suggestion that a finding for the claimant would lead to the potential ruin of the sport.
Spoiler alert; the claimant succeeded. Addendum spoiler alert; horseracing will survive.Continue reading