Hide v The Steeplechase Co (Cheltenham) Ltd and others [2013] EWCA Civ 545
Court of Appeal, Civil Division, Longmore, McFarlane & Davis LJJ, 22 May 2013
Reg 4 of the Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306) (reg 4) is not to be construed in accordance with the common law concept of reasonable foreseeability.
Christopher Sharp QC and Anna Symington (instructed by Withy King Solicitors) for the claimant. Peter Cowan (instructed by DWF) for the defendants.
The claimant was an experienced professional jockey. In November 2006 he was competing at Cheltenham Racecourse. A guard rail about four feet high ran around the outside of the track, primarily to contain loose horses. The rails were secured into the ground by upright posts on top of metal spigots. The posts were padded for 20 to 25 yards following each hurdle. During the race the claimant jumped over one hurdle and the horse stumbled and fell. The claimant hit one of the guard rail upright posts. He brought an action against the defendants, the managers of the course. He relied primarily
