Case Report

Clarke v Dirtbike Action (2018)

Date: 01/01/2018

Will Clerk acted for the successful Defendant in this claim arising from an off-road motorcycle rally in which the Claimant suffered a serious accident sustaining multiple injuries. HHJ Peter Hughes QC, in dismissing the claim entirely, held that the accident was caused wholly by the Claimant’s “own stupidity”. The judgment is of wider importance in that it gives detailed consideration of (a) the duties owed by motorsports event organisers and the extent of voluntary acceptance of risk by participants; and (b) the doctrine of novus actus interveniens in the context of motorsports.