Judge to deliver verdict on Tylicki-Gibbons case before Christmas

The £6 million High Court case brought by former jockey Freddy Tylicki against ex-weighing room colleague Graham Gibbons closed on Friday with judge Karen Walden-Smith informing the court of her intention to deliver a verdict before the Christmas break on December 21.

Closing arguments were heard for both the defence and the claimant after a week of evidence that laid bare the crucial decision-making required of jockeys in races, with the judge set to determine the role of Gibbons and his ride on October 31, 2016 in the fall that left Tylicki paralysed.

Edward Faulks QC, for Tylicki, told the court that this was “an exceptional case in terms of riding and the outcome” and that there had been “a breach of the standard of care” between competing jockeys which had caused Tylicki’s mount Nellie Deen to collide with Madame Butterfly, ridden by Gibbons, and subsequently led to the fall that paralysed Tylicki.

By contrast, Patrick Lawrence QC, for Gibbons, said in his closing argument that “if it was anything it was a momentary misjudgement coming around the bend with an ambitious move by Mr Tylicki when in hindsight he should have taken a pull” to avoid a coming together which Gibbons was unaware would happen.

Lawrence argued that the scenario fell “some way short of breaching the high bar set by Caldwell”, referring to the case brought by Peter Caldwell, a former jockey injured in a fall at Hexham, against Mick Fitzgerald and Adrian Maguire in 2001 in which the judge found in favour of the defendants.

Lawrence added: “One does need to show more than mere carelessness. In theory, these circumstances [at Kempton] were avoidable. But these sort of coming togethers around a bend is something that may happen from time to time no matter how careful your riding is.

“It comes down to a period of two to three seconds when horses are going around the bend when the gap wasn’t reasonably sufficient and there was a coming together.”

Lawrence said that a ruling against Gibbons had the potential to “open the floodgates” for similar claims in the future, but in his closing argument Faulks countered that the “circumstances are crucial” in the judge reaching her decision.

He added: “The question is really this: is this a racing incident with a momentary lapse of skill or error of judgement? If so, then there’s no breach. There’s no need for there to be reckless disregard [shown], but it must be above oversight, errors of judgement and lapses.

“This was not an everyday incident. This was a Flat race and it was very unusual for an incident of this nature to take place – maybe unprecedented. It cannot be said that this was an everyday incident and it is dangerous to draw a relationship between the [Caldwell and Tylicki] races.”

Faulks also questioned the reliability of the evidence provided by Gibbons, pointing to convictions for drink driving and his disqualification from riding, which he hopes to return to according to Lawrence, and the assertion by Jim Crowley during his testimony that he had smelt alcohol on the rider’s breath at Kempton.

When questioned by the judge, Faulks made it clear he was not asking for a decision to be made on whether the rider was under the influence of any substances when riding that day.

Summing up, Judge Walden-Smith said: “I cannot say for certain when I will make my judgement, but I shall do so as swiftly as I can. Hopefully before the [Christmas] vacation, that is my intention.”

Read more on the High Court case:

Freddy Tylicki incident was 'easily avoidable', Jim McGrath tells High Court

Ryan Moore fends off suggestion of bias from Gibbons' counsel in High Court

Gibbons' breath smelled of alcohol at Kempton, Jim Crowley tells High Court

Tylicki recalls 'shout for survival' as claim against Gibbons is heard in court

The Front Runner is our latest email newsletter available exclusively to Members' Club Ultimate subscribers. Chris Cook, a three-time Racing Reporter of the Year award winner, provides his take on the day's biggest stories and tips for the upcoming racing every morning from Monday to Friday