Benjamin Hetherington (by his father and litigation friend Gary Hetherington) v Raymond Fell & Anor [2025] EWHC 1487 (KB)

 

Summary

The judge found that an expert on risk assessment adopted an overly strict and slightly unrealistic approach in assessing the adequacy of a risk assessment conducted by a cycling Club.

Learning points

• You should double check the correctness of any calculations performed by others on which you intend to rely.

• When providing an opinion on the standards that the Defendant should have met, you should show that you have considered the nature and size of the Defendant’s organisation and the activity it is involved in.

• The judge may be more persuaded by the expert evidence that they consider to be more grounded in a realistic approach.

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