A £380,000 damages award was granted by the Court of Session to a motorcyclist injured in a head-on crash with an event marshal during the 2022 Scottish Six Days Trial. The ruling targeted Edinburgh and District Motor Club Limited, which organized the competition.
Mark Lamplough, an experienced motorcycle trials competitor and former Army motorcycle instructor, brought the legal proceedings after the collision on 2 May 2022. The accident left him seriously injured and had a significant impact on his life and plans to develop a motorcycle touring business.
Lady Drummond found that the event organisers had been negligent in failing to identify and adequately manage the foreseeable risk of collisions between competitors and marshals travelling against the direction of the event. Lady Drummond concluded that appropriate safety precautions could have prevented the collision.
Competitors had not been expressly warned that marshals could approach from the opposite direction, despite event regulations prohibiting competitors themselves from travelling against the designated route. They had failed to properly consider the additional dangers created by allowing marshals to travel towards competitors on narrow forestry tracks.
The decision highlights the responsibilities of organisers of competitive motorcycle events to identify foreseeable dangers and implement appropriate safety precautions. Importantly, the court distinguished between risks inherent in off-road motorcycling and additional hazards introduced by event organisers themselves.
It reinforces that organisers cannot simply rely upon the experience of competitors and marshals, or the absence of previous accidents, as justification for failing to assess and control foreseeable risks. Mr Lamplough said the accident had a significant impact on his life, but he appreciated the support of his family and friends.
Thomas Mitchell, partner at Motorcycle Law and solicitor for Mark Lamplough, added that the judgement represents the end of a long journey for his client in his fight for justice. The case began in June 2022 and Mitchell thanked Jonathan Brodie KC and Grant Markie for their work on the case.
