Transport for London v Cairn Young & Anor

Facts

The appellant, Transport for London, constructed a section of stepped cycle track (SCT) on Farringdon Road forming part of 'Cycle Superhighway 6'. The track sat between the pavement and the carriageway, separated from the carriageway by a pale stone kerb with a vertical upstand of about 5 to 6 cm; the track and carriageway were both surfaced in black tarmac and looked very similar, with double red lines marked on the carriageway beside the kerb and a white triangle marking the start of the track. The two respondents, both experienced cyclists, were injured in separate accidents at the same location — Mr Young in August 2019 and Mr Upitis in January 2020, each during hours of darkness. Each had passed through the junction with Ray Street out in the carriageway and, moving back to the left to rejoin the cycle route, mistook the kerb for a continuous white line and struck it, falling from the bicycle. Given the similarities, the two County Court personal injury claims were tried together at Central London at the Mayor's and City Court. His Honour Judge Hellman found the appellant liable, holding that it had created a reasonably foreseeable risk and could have installed a row of wands to remove it, and reduced damages for contributory negligence by 65% for Mr Upitis and 70% for Mr Young. The appellant appealed against the finding of primary liability, the appeal being transferred up to the Court of Appeal.