Road Racing: Spectators Injured in TT Crash Claim Damages Against ACU

A Gloucestershire couple who were injured in a crash as spectators at the 2013 Isle of Man TT Senior race are claiming damages against Auto Cycle Union Ltd.

Shaun and Helen Williams were among a group of spectators at the bottom of Bray Hill when Barnsley rider Jonathan Howarth crashed on the fast downhill section and debris was scattered into the crowd.

Ten people were taken to hospital with some of them suffering limb injuries.

Mr and Mrs Williams submitted claim forms on May 20, 2016 stating they are seeking damages for personal injuries suffered as well as losses and expenses incurred “as a consequence of the negligence and/or breach of duty of the defendant in the organisation, management and performance of the Isle of Man TT race”.

Mr Williams, 57, is asking for compensations of between £150,000 and £200,000 for medical treatment, psychological trauma, and loss of earnings due to suffering severe lower limb injuries in the accident while his wife, who sustained minor lower limb injuries, is claiming up to £100,000 for psychological trauma and loss of earnings.

The ACU has admitted liability in relation to the claims with advocate Vicki Unsworth, who represents the company, saying that “ultimately the defendant will pay the bulk of the costs,” although there are issues as to causation.

At a directions hearing in the civil court in May, Deputy High Bailiff Chris Arrowsmith argued that the proceedings had not been “swift moving” since they relate to an accident which occurred in June 2013 and the claims were not issued until May 2016.

The court heard that Mr and Mrs Williams submitted a schedule of damages, including a “significant” claim for future losses, in August 2016 and a stay order putting procedures on hold until further notice from the court was granted in April last year.

However, Winston Taylor, the claimants’ advocate, applied for judgement by default in January this year stating that a moratorium had been in place and his clients had given notice to request for the stay order to be lifted.

The Deputy High Bailiff ruled the application for judgement by default as “premature and unnecessary” and dismissed it.

He approved Ms Unsworth’s claim that the application should not have been presented since the stay order could only be lifted by another court order and mandated costs of £620 plus VAT against the claimants.

As decided at the directions hearing, various documents, including expert records, medical records, company returns, and the skeleton arguments of both sides, will need to be submitted in due time.

Although no date for the trial has been set yet, the couple will have their personal injuries claim heard in the civil court next year.