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Thompsons help cyclist win £6,000 in Compensation

Thompsons No Win No Fee Solicitors have helped a client win almost £6,000 in compensation after he was thrown from his bicycle while riding through Holyrood Park.

Solicitor Stewart White said: “Historic Scotland was the body responsible for constructing and leaving an open gully adjacent to the cycle path which caused the accident.

“However since Historic Scotland is a Scottish Executive Agency we had to raise the action against Scottish ministers.

“We were very surprised that Historic Scotland did nothing to repair the open drain which caused our client’s injuries during the four years it took the case to settle.

“I can only assume they thought it might undermine their case that the accident was the fault of our client.

“But the hazard represented a potentially lethal threat to any other cyclist using the track round Holyrood Palace.

“My client has reported to me that remedial work has been carried out to the defect since the Court hearing, during which Historic Scotland admitted it was dangerous”

Thompsons’ client hit a sunken drain while riding through the park in August 2005. Despite wearing a helmet, he smashed his cheekbone, which left him with facial numbness and difficulty chewing.

The judge ruled the government agency Historic Scotland was to blame for failing to construct the path properly.

At the Court of Session in Edinburgh on Friday, a judge awarded him £5,750 in compensation for the injuries.

Lord Bannatyne rejected arguments by lawyers for the Scottish ministers that there could have been other causes for the accident or that the cyclist might have been partly to blame.

Lord Bannatyne heard that the cycleway, beside Queens Drive as it skirts round the Palace of Holyrood, made a sudden change in direction. Just after the bend in the cycle path was a sunken drain at the end of a gully.

That was what brought the cyclist off his bike, the judge ruled.

View the Opinion of Lord Bannatyne - 26th June 2009