Discussing the case on the road.cc Podcast, the lawyers who represented the cyclist and the club at the High Court described its outcome as \u201cvery important\u201d, while noting that it would have been \u201cdismaying\u201d and potentially hugely damaging for grassroots racing in the UK had the judgement gone the other way.<\/p>\n
During a lengthy, detailed conversation, the lawyers also criticised the initial criminal response to the crash, which saw the driver escape punishment despite what they viewed as a flimsy defence, and emphasised the judge\u2019s conclusion that time trialling is beneficial for society, insisting that it \u201cshould not be shut down unnecessarily because of the negligence\u201d of car drivers.<\/p>\n
Tuesday, 23 May 2019<\/p>\n
On the evening of Tuesday 23 May 2019, Ben Hetherington\u2019s life changed forever.<\/p>\n
Ben, then 23-years-old, was one of the most exciting young prospects in British cycling. In 2018, he finished sixth at the national road race championships, and, while riding for Swedish Continental team Memil Pro Cycling, won two stages of the Tour of Morocco, in 2017 and 2019.<\/p>\n
![\"Ben](\"https:\/\/www.newsbeep.com\/uk\/wp-content\/uploads\/2025\/08\/aw39721.jpg\" "\\"Ben")
Ben Hetherington, 2017 British time trial championships, Isle of Man (credit: Alex Whitehead\/SWpix.com)<\/p>\n
However, a month after that second victory in Morocco, while racing a 10-mile time trial on the A689 dual carriageway in Co. Durham, organised by his club Ferryhill Wheelers, he was struck by motorist Raymond Fell.<\/p>\n
After failing to give way or slow down before exiting the junction in the middle of the road, Fell turned right across the carriageway\u2019s eastbound lanes, straight into the path of Hetherington, who was given little to no time to react.<\/p>\n
Ben suffered serious, life-threatening injuries in the crash, including a traumatic brain injury, and spent several weeks in an induced coma and three months in hospital.<\/p>\n
He spent the first few years after the crash relearning how to walk and ride, driven by a burning desire to race his bike again.<\/p>\n
And in 2022, less than three years after the crash, Ben pinned on a number once again, taking silver in the C3 3km individual pursuit at the national track championships, his very first race back. Since then, he has picked up a number of top results on the road and track in para-cycling, including another silver in the 1km time trial at this year\u2019s national track championships in February.<\/p>\n
![\"Ben](\"https:\/\/www.newsbeep.com\/uk\/wp-content\/uploads\/2025\/08\/aw75103.JPG\" "\\"Ben")
Ben Hetherington, C3 Individual Pursuit, 2025 British time trialling championships (credit: Alex Whitehead\/SWpix.com)<\/p>\n
Meanwhile, on the legal side of things, Ben brought civil proceedings against the motorist, Raymond Fell, for negligent driving.<\/p>\n
However, after he avoided punishment for careless driving in the criminal courts, Fell\u2019s representatives then pursued their own case against Ferryhill Wheelers.<\/p>\n
The motorist accused the club of carrying out a negligent risk assessment and failing to put out adequate signage on the road and employ a sufficient number of marshals, while also blaming Ben himself for the collision, accusing him of wearing dark clothing and failing to keep an adequate look-out for motorists, among other things.<\/p>\n
The club denied liability and the case was set for a High Court trial. Then, shortly before the trial, the driver\u2019s insurers admitted liability in full for the collision, but continued to argue for a contribution from the cycling club.<\/p>\n
![\"time](\"https:\/\/www.newsbeep.com\/uk\/wp-content\/uploads\/2025\/08\/time-trial-club-tt-1.JPG\" "\\"time")
time trial club tt – 1.JPG (credit: road.cc)<\/p>\n
However, in what was deemed an \u201cimportant judgement\u201d for grassroots cycling clubs<\/a>, Mr Justice Ritchie dismissed the case and stated that the risk assessments were carried out properly and sufficiently, and that Fell had simply failed to see the hazard warning signs informing road users of the cycling event, along with marshals with hi-vis jackets at two roundabouts which he passed shortly before the collision.<\/p>\n Ritchie deemed that, contrary to Fell\u2019s arguments, the standard of care applied by the club was that of a reasonably competent and reasonably informed volunteer, and that as far as they reasonably could, Ferryhill Wheelers had brought its event to the attention of road users on the A689.<\/p>\n The judge also, in a ruling that impacts the entirety of Britain\u2019s grassroots cycling, and even sporting, scene, concluded that Ferryhill Wheelers are \u201ca voluntary organisation carrying out tasks for free for the benefit of members of society and the standard of care placed upon them in law is not so high that it would discourage such beneficial voluntary activities\u201d.<\/p>\n Following the judgement, Laura Murphy, the partner at Leigh Day solicitors who acted on behalf of British Cycling member Ben, and Martin Porter KC, the joint head of chambers at 2 Temple Gardens and barrister for Ferryhill Wheelers, noted that the case \u201crepresents a significant development in the law concerning liability and duty of care for anyone organising or participating in amateur sporting events, especially cycling road races\u201d.<\/p>\n The judgment, they said, also highlighted \u201cthe importance of volunteers, stating that people giving up their time for the benefit of cycling members of the community should be encouraged.\u201d<\/p>\n \u201cWhen it comes to police investigations of cyclist injuries, we really should expect better\u201d<\/p>\n Speaking to the road.cc Podcast this week, Porter noted that the judge\u2019s ruling highlighted the social benefits of cycling and time trialling \u2013 and why it needs to be maintained, despite the poor state of driving on British roads.<\/p>\n \u201cThere\u2019s an obvious social utility to cycling in general, and sport cycling in particular,\u201d Martin told road.cc.<\/p>\n \u201cAnd it\u2019s obviously a beneficial thing for society that people participate in sport and keep fit, and participate in time trials \u2013 and that time trialling should not be shut down unnecessarily because of the negligence of other road users.\u201d<\/p>\n Porter and Murphy also criticised Fell\u2019s stubborn refusal to accept blame for the crash. During the High Court trial, and the criminal proceedings before it, the motorist\u2019s legal expert claimed that the time trial course itself was dangerous, pointing to a previous crash and the club\u2019s decision to remove it from their calendar in the wake of Ben\u2019s injuries.<\/p>\n They argued that the low sunlight had made it impossible to see the approaching time trialist, who was wearing dark kit, and claimed that Ben was obscured by the tree line on the road (despite the crash taking place long after that particular tree line had ended).<\/p>\n Fell\u2019s team also accused the cyclist of lacking appreciation of his own speed and failing to keep a proper lookout.<\/p>\n >\u00a0Are time trial bikes safe to ride on open roads? LEJOG record holder Michael Broadwith on the road.cc Podcast<\/a><\/p>\n These arguments were quashed by Leigh Day during the High Court trial \u2013 although they did manage to secure Fell an acquittal in the criminal courts, which Murphy believes owed to a failure by police to investigate the incident properly.<\/p>\n \u201cThese arguments were put forward without any challenge, so the magistrates acquitted,\u201d she tells road.cc.<\/p>\n \u201cAnd that was unfortunately an injustice \u2013 and it emboldened the insurers to think they might have a chance of getting out of a potentially very significant claim, or at least getting a contribution from the cycling club.\u201d<\/p>\n \u201cThe quality of police investigations is patchy and inconsistent around the country,\u201d Porter agrees. \u201cPolice resources are stretched \u2013 but when it\u2019s a serious injury like in Ben\u2019s case, we really should expect better.<\/p>\n \u201cAnd tragically I\u2019ve done fatal cases where the standard of enquiry has been unacceptable and criminal charges haven\u2019t been brought because the police have been over-keen to immediately ascribe fault to a cyclist. And when it\u2019s a dead cyclist that can be very unfortunate and very unacceptable.\u201d \u00a0<\/p>\n >\u00a0Why the 20mph zone time trial ban could be the \u201ctip of the iceberg\u201d for British racing<\/a><\/p>\n Reflecting on the potential implications of the ruling for cycling clubs across the UK, Porter continued: \u201cThe outcome of this case is very important, but more so because it would have been very dismaying if it had gone the other way.<\/p>\n \u201cIf the judge had imposed a higher duty on volunteer organisers, that would \u2013 subject to appeal \u2013 have caused considerable concern within the cycling community.<\/p>\n \u201cThat he didn\u2019t do that is entirely predictable and right, and it should discourage anyone from making similar claims. So, it is positive that it went the way it did.\u201d<\/p>\n However, Murphy notes that, despite the ruling\u2019s defence of volunteers and the expectations placed upon them, clubs must still be aware of their duty to carry out sufficient risk assessments, especially with the number of cars on the road continuing to increase.<\/p>\n \u201cAlthough we\u2019ve said the duty isn\u2019t so high, there still is a duty for clubs to take risks, such as the volume of traffic, into account. And traffic is increasing, so that is something I expect organisers to take into account,\u201d she says.<\/p>\n \u201cAnd just like if you didn\u2019t have enough marshals your race wouldn\u2019t go ahead, if the traffic count is deemed to be too dangerous, then that should be taken into account, sadly.\u201d<\/p>\n >\u00a0Van driver who “engaged with phone” for 10 seconds before killing time trial cyclist cleared of causing death by dangerous driving<\/a><\/p>\n However, Murphy is adamant that the biggest threat to cyclists on the road remains dangerous and careless drivers \u2013 whether you\u2019re on a time trial bike aiming for a PB or commuting to work.<\/p>\n \u201cBut it all comes back to the basic rules of the road,\u201d she says. \u201cI don\u2019t see it as any different just because it\u2019s a time trial. Ben could have just been doing a training ride \u2013 any cyclist is entitled to ride on the dual carriageway at any time.\u201d<\/p>\n So, what does the ruling mean for the future of time trialling in the UK?<\/p>\n \u201cIt\u2019s essential that time trialling continues,\u201d Porter says. \u201cAnd you can find enough quiet places on a weekend or an evening where they can happen.<\/p>\n \u201cAnd we should never forget, time trialling is something the British have historically been good at, because it was so hard to organise road racing in the early 20th century, they went to secret locations and found 10 mile stretches of road.<\/p>\n \u201cWe\u2019ve produced the likes of Chris Boardman, who time trialled his way to the yellow jersey at the Tour de France.<\/p>\n \u201cThere\u2019s a lot of history behind all this. And it would be a tragedy in this country if we threw up our hands and said, because drivers can\u2019t behave themselves, we\u2019re going to have to abandon this sport. That would be completely unacceptable.\u201d<\/p>\n The\u00a0road.cc\u00a0Podcast is available on\u00a0Apple Podcasts<\/a>,\u00a0Spotify<\/a>, and\u00a0Amazon Music<\/a>, and if you have an Alexa you can just tell it to play the\u00a0road.cc\u00a0Podcast. It\u2019s also embedded further up the page, so you can just press play.<\/p>\n","protected":false},"excerpt":{"rendered":"Time trialling is a British institution, synonymous with the history of cycling and bike racing in the UK,…\n","protected":false},"author":2,"featured_media":67970,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[37],"tags":[4985,101,56,54,55],"class_list":{"0":"post-67969","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-cycling","8":"tag-cycling","9":"tag-sports","10":"tag-uk","11":"tag-united-kingdom","12":"tag-unitedkingdom"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts\/67969","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/comments?post=67969"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts\/67969\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/media\/67970"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/media?parent=67969"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/categories?post=67969"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/tags?post=67969"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}![\"Jacob](\"https:\/\/www.newsbeep.com\/uk\/wp-content\/uploads\/2025\/08\/oho9128.jpg\" "\\"Jacob")
Jacob Smith (left) and Ben Hetherington, 2025 British track championships (credit: Olly Hassell\/SWpix.com)<\/p>\n![\"Ben](\"https:\/\/www.newsbeep.com\/uk\/wp-content\/uploads\/2025\/08\/jc240608093.jpg\" "\\"Ben")
Ben Hetherington, 2024 National Disability and Para-cycling Time Trial Championships, Round 3 – Darley Moor Sports Centre, Ashbourne (credit: John Clifton\/SWpix.com)<\/p>\n