Case Analysis: Frederik Tylicki v Graham Gibbons

HHJ Karen Walden-Smith sitting as a Judge of the High Court, heard evidence and submissions over the course of 5 days from 29^th November 2021 to 3^rd December 2021. The claim was brought by Freddie Tylicki, a professional flat-race jockey, who had been left paraplegic after his horse was caused to trip and fall following contact with another horse (ridden by fellow professional jockey Graham Gibbons) in a race on the all-weather track at Kempton Park on the 31^st October 2016. Tylicki succeeded in persuading the court that Gibbons' riding was sufficiently negligent that it met the applicable test to establish a breach of duty. It was agreed that the relevant authority was that of Peter Caldwell v Adrian Maguire & Mick Fitzgerald [2001] EWCA Civ 1054. The injured jockey did not recover damages in that case, and as far as the parties were aware, no jockey had successfully sued for injuries sustained on the racecourse in the 20 years since that decision.