Kiril Waite successful in motorsport negligence case, acting for professional motorcyclist Shane Byrne.

Judgment in Byrne v Motorsport Vision Racing Ltd [2024] EWHC 2966 (KB)

Summary:

In a landmark case, professional motorcycle racer Shane Byrne sought compensation after sustaining life-threatening injuries during a 2018 test day at Snetterton Circuit. The case proceeded as a split trial on liability only over 10 days in the King’s Bench Division before His Honour Judge Blair KC (sitting as a judge of the High Court). Reserved judgment was handed down on Friday 29 November 2024. He found that Motorsport Vision Racing Ltd (MSVR) and Motorsport Vision Ltd (MSV) failed to meet their duty of care under the Occupiers’ Liability Act 1957 and that the safety inspector of the barrier was negligent.

The case highlighted deficiencies in the protective measures at Turn 3 (“Palmer”), where Mr Byrne collided with a barrier. The defendants had deployed a Type D barrier suitable for motorcars but wholly inadequate for motorcycles, offering no real protection for riders striking it head-on. Crucially, the court criticised the defendants for not investigating the accident thoroughly, including their failure to take an account from Mr Byrne about the incident. Instead, the defendants accused Byrne of incompetence, an assertion Judge Blair rejected, noting his illustrious racing career and credible testimony.

Analysis:

Critics may decry this ruling as “health and safety gone mad,” predicting dire consequences for motorcycle racing. However, such concerns are misplaced. This judgment does not hinder the sport but ensures participants’ safety through adopting appropriate and achievable standards to protect against reasonably foreseeable risks of injury. The protective barrier, while effective for cars, was demonstrably unsafe for motorcycles. Properly designed safety measures could have prevented Byrne’s catastrophic injuries without diminishing the spirit of the sport. A puzzling feature of the case was that the additional protective devices, which should have been used, were there in situ at Snetterton and could have been applied to Turn 3. But were not. The Judge’s analysis of the conduct of each of the Defendants demonstrated his careful approach to safety essential measures including whether the inspection procedures were adequately undertaken.

Furthermore, the lack of a thorough post-accident investigation—failing even to ask Byrne for his account—demonstrates a concerning level of complacency. This ruling serves as a necessary corrective, emphasizing the importance of accountability and appropriate safety protocols in motorsports.

Shane Byrne was represented by 7BR’s Kiril Waite (and previously Deirdre Goodwin) instructed by Sabyta Kaushal at PM Law.

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