Criminal Justice for brain injured cyclist, overturned Met police decision


I have been so pleased to achieve this victory since I know from long experience how hard it is to obtain a change of mind from the Police. When they have decided to close a case, it is very hard to challenge this.

I have to be circumspect because it is ongoing which is thrilling for the client since she thought we might have to do the same as the police and turn her case away.

Like so many of my head injured clients, she cannot recall how the accident happened because she was knocked unconscious. Again , as so often, there were no witnesses even though it happened on a busy morning in north London at a major junction.

Worryingly, for my client , she was then told by the police that they had looked at the footage and would not be prosecuting the driver.

it was a big risk for us too since we have obtained a rehabilitation report (£1300) and the police evidence alone including the footage was around £600. I took the risk on the rehab report because her injuries justified this and taking risks for clients is part of my job, all would of course have been our loss if we had had to turn it down.

Police report; as so often ,damning against the cyclist, our fault. Footage, we had to really study it because it first looked as though we were the cyclist on the pelican crossing, but then we saw by videoing the footage on a phone and watching it in close up that we were not them at all but a cyclist who was there to be seen.

Van driver collided with her crystal clearly from behind.

Several letters to the police to say that they should urgently rething resulted in a brick wall and even a letter saying that we would no longer liaise with us regarding the case. I thought ok, well then we will refer this to the IOPC.

The case manager's supervisor then looked at it and eventually said in writing that they could see their error and would be reopening, I thanked her very much for her candour and here we are !

It is the kind of decision that may not mean achieving a penny more for my client than I would otherwise have achieved but this is about justice not money.

In my experience, this matters more to cyclists than money.

Cycle Legal

11 Northwold Road Stoke Newington, London N16 7HL