Garden designer Robert Hazeldean was returning from work in central London when he collided with pedestrian Gemma Brushett as she crossed a road while staring at her mobile. 

Ms Brushett, 28, was rendered unconscious, had damage to her teeth and suffered facial scars while Mr Hazeldean was also knocked out.

A judge found the pair were “equally to blame” but awarded her £4,161.79 in damages as she was the only one to claim. 

Judge Shanti Mauger told Central London county court that Mr Hazeldean, who now lives in France, could have sued Ms Brushett had he chosen to do so. But the judge has ordered Mr Hazeldean to pay £30,000 towards Ms Brushett’s lawyers’ bills “in full and final settlement of all outstanding costs”.

His own lawyers’ bills were about £25,000, taking his total bill to some £60,000.

The controversial compensation ruling last June led to a massive increase in insurance applications by cyclists. 

A fundraiser was launched by a friend of Mr Hazeldean and raised more than £60,000 to cover his bills — with any surplus going to international women’s charity, Action Aid UK.

During the trial, the court heard Mr Hazeldean collided with Ms Brushett at the junction of King William Street and Cannon Street by London Bridge in July 2015 as he rode through a green light. 

The yoga teacher, who also worked for a City finance firm, was trying to cross but was looking at her mobile phone and noticed Mr Hazeldean approaching only at the last moment. 

She “panicked” and tried to dodge back to a traffic island but the cyclist hit her. 

Mr Hazeldean sounded an airhorn as well as shouting swerving and braking. Judge Mauger said the 8mm scar to her lip did not wreck her “attractive” appearance. 

Her lawyers claimed close to £100,000 in costs, which the judge said “appeared to be disproportionate”. 

Source: Read Full Article