Cyclist who knocked over woman on phone to pay £105k
Both were knocked unconscious by the crash at a busy junction in London Bridge in on 20 July 2015.
But the judge, Shanti Mauger, said only Brushett was entitled to a payout because she had sued and Hazeldean had not. Mauger awarded Brushett, a yoga teacher, £4,161 in damages after ruling an 8mm scar on her lip did not detract from her “very attractive” appearance.
But Hazeldean, a garden designer who now lives in France, was also ordered to foot most of the bill for the two-day court case, estimated to be about £100,000. He said he was “deeply disappointed with the outcome, reeling from the impact it will have on my life, and concerned by the precedent that it might set for other cyclists”.
The judge acknowledged the costs “appeared to be disproportionate,” but said Brushett had won her claim for damages and therefore Hazeldean should pay her legal costs.
Mauger ruled the cyclist was “a calm and reasonable road user” but was still liable to pay damages. She said although Brushett was “was looking at her phone” as she walked out into the road, Hazeldean knew his path was not entirely clear when he tried to ride through. But she said Hazeldean would have been entitled to damages as well if he had chosen to sue Brushnett, who was “equally to blame for the accident”.
Hazeldean said he “can only regret” not instructing lawyers sooner, “delayed as I was by my lack of legal knowledge”. He had not wanted to counter-sue Brushett because he disliked “claim culture,” he added. Levi Solicitors, which has since taken up Hazeldean’s case, said the claimant “took advantage” of his reluctance to claim compensation in what the firm described as “abuse of process”. The firm said the law in this area was in need of reform.
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