After a long and eagerly anticipated wait, the Court of Appeal has refused permission to appeal in the case of Byrne v Motorsport Vision Racing Ltd & Ors [2024] EWHC (KB); CA-2025-000260, reaffirming the earlier ruling in favour of former six times British Superbike Champion Shane Byrne.
In a judgment handed down on 29 November 2024, HHJ Blair KC (sitting as a High Court Judge) found in favour of Mr Byrne against the defendants who were the track owners, event organisers and the governing authority with delegated responsibility for track inspections. Mr Byrne suffered with very significant injuries after he fell off his motorbike and came into collision with the safety barrier. The trial judge found that the defendants were negligent in their inspections of the barrier in question and their selection of protective devices. The protective device that Mr Byrne struck was suitable for collision by a motorcar at speed but not by a motorcyclist. The defendants had ample supplies of the correct protective device but chose not to deploy them. The defendants sought permission to appeal which the trial judge refused.
Lady Justice Macur DBE refused leave upholding that the original decision stands firm. Despite efforts to overturn the judgment, the CA found that the trial judge’s reasons were correct and unassailable; that there was no misdirection in law or on his conclusion of the facts; and that the grounds of the appeal were unmeritorious and misconceived. Further there was no compelling reason to permit an appeal – putting an end to further legal challenges in this matter.
This is more than just a procedural milestone. It underscores the strength and clarity of the judgment in Mr Byrne’s case. The refusal validates both the legal reasoning and the evidential grounding of the decision.
Legal observers will note that the appellate court’s decision to refuse permission was not made lightly. Such orders reinforce the importance of finality in litigation, especially when the first-instance judgment is well-reasoned, sound and just.
We congratulate Kiril Waite for representing Mr Byrne throughout and on the appeal.
For help or advice please call +44 (0)20 7242 3555 or complete the form below
A member of the Clerking team will help you resolve your request.
Frequently asked questions
Do you have an out of hours number?
Yes, please call Chambers mainline number +44 (0)20 7242 3555 and you will be directed to the out of hours phone lines.
How can I find out whether 7BR can take my case?
As a direct access client, please visit our direct access page and complete the initial form, a member of the clerking team will then be in touch to discuss the next steps.
Will my barrister deal with all the correspondence?
Some barristers have the ability to “conduct litigation” for direct access clients. Our clerks will be able to assist you as to which of our members are trained and accredited to do so.
How do I instruct a barrister?
Please visit our direct access page for the initial steps on instructing a barrister, or contact our clerks on +44 (0)20 7242 3555.
