Thomas Mitchell

Mark Lamplough, an experienced motorcycle trials competitor and former Army motorcycle instructor, brought legal proceedings against Edinburgh and District Motor Club Limited, the organisers of the internationally renowned event, following a collision on 2 May 2022 which left Mr Lamplough seriously injured and had a significant impact on his life and his plans to develop a motorcycle touring business.

In a judgment issued yesterday, Lady Drummond found that the event organisers had been negligent in failing to identify and adequately manage the foreseeable risk of collisions between competitors and marshals travelling against the direction of the event. The court found that the organisers had failed to properly consider the additional dangers created by allowing marshals to travel towards competitors on narrow forestry tracks. Competitors had not been expressly warned that marshals could approach from the opposite direction, despite event regulations prohibiting competitors themselves from travelling against the designated route.

Lady Drummond concluded that appropriate safety precautions, including clearer warnings, improved positioning of marshals and better management of opposing motorcycle traffic, could have prevented the collision.

The decision highlights the responsibilities of organisers of competitive motorcycle events to identify foreseeable dangers and implement appropriate safety precautions. Importantly, the court distinguished between risks inherent in off-road motorcycling and additional hazards introduced by event organisers themselves.

It reinforces that organisers cannot simply rely upon the experience of competitors and marshals, or the absence of previous accidents, as justification for failing to assess and control foreseeable risks.

Mr Lamplough said: “The Scottish Six Days Trial has been a huge part of my life going back to 1983 when I represented the Army Team which, in turn, set a trend that the only place to be the first week in May was Fort William. 

“Competing for my 25th time in 2022, I did not expect the events of that day to go so catastrophically wrong and consequently change my life so much. 

“Even with this result, the strain of the past 4-years has taken its toll, but the support of family and friends has not gone unnoticed. 

“I’d like to thank my legal team for their efforts on my behalf.”
 
Thomas Mitchell, partner at Motorcycle Law and solicitor for Mark Lamplough, added: “This judgement represents the end of a long journey for Mark in his fight for justice which began in June 2022. The Scottish Six Day Trial was an event very close to Mark’s heart and trials motorcycling had been a passion of his for many years.

“To have all of that stripped away from him in a split second because of an entirely avoidable situation has been, and remains, incredibly difficult for him to come to terms with. Many people involved in the organisation and running of the Six-Day Trial were long-time friends of Mark and he has shown immense bravery to stand up to the organisers of this event in his fight for justice. 

“Mark has always maintained that the situation which arose on the day of his accident should never have arisen and to see him vindicated in that view is a privilege. I would like to thank both Jonathan Brodie KC and Grant Markie for their tireless work on Mark’s case. Without their input, I very much doubt such a result would have been achieved.

“Now, after many years of fight, I hope this judgement will finally give Mark the closure he has been searching for all these years.”