Court decision clears way for Donald MacLeod to claim damages for 2010 incident that left him with severe brain injuries

Judges have cleared the way for the former Guardian journalist Donald MacLeod to claim damages from the Metropolitan police after he was left with brain injuries when he was hit by a police car answering an emergency call while he was cycling home.

The Met had challenged a high court ruling last year that the accident, in March 2010, was caused by the negligence of the police driver, arguing that the judge’s findings of fact were against the weight of evidence.

But Lord Justice Floyd, supported by Lord Justice Tomlinson and Lord Justice Jackson, dismissed the appeal, saying there was ample evidence, which the original judge, Martin McKenna, had fully understood and “on which he could properly rely”.



MacLeod was in a coma for weeks after the accident in north London in March 2010 and still needs 24-hour care. He needs a wheelchair and has only recently begun to talk again, say his family.



MacLeod, 64, was wearing a helmet, high-visibility jacket and had his bike lights illuminated when he was hit from behind by the police car, which was carrying four police officers responding to reports of a shooting in Hackney.

It was common ground, the appeal court said, that the car was travelling at 55mph approaching the mini-roundabout at which the accident happened. But the police disputed the direction in which MacLeod was travelling, saying he could have been at right angles coming from a different road to the car, which had blue lights flashing and siren on.



Floyd, however, dismissed the “head-on challenge” from the police on the facts, and said the “alternative scenario” was only advanced during cross-examination at the original trial and had not been previously considered by experts.

An additional police suggestion that McKenna had made a finding that MacLeod had turned to the right on his bike before the collision was also dismissed by Floyd. He said: “The judge simply made no such finding ... I have also referred to the ample evidence which the judge had to show that [MacLeod] and the police car were on convergent courses.



“Anyone who has ridden or driven in London’s roads knows that subtle changes of direction can make the difference between safety and disaster.”



MacLeod, who has three children, was an education journalist at the Guardian before becoming head of communications at the Russell Group of universities.



The family have since moved to Inveresk, Scotland. His wife, Barbara, said: “By going to appeal, the Met dragged everything out further and Donald lost another 15 months. It has been enormously frustrating and raises a lot of questions about their handling of the case, particularly about the original investigation.

“At long last we can plan to give Donald all the care, practical support, equipment and therapy he will need in order to live the fullest life he can. He is a remarkable man who, through the kindness and generosity of family and friends, has had access to ongoing therapy and who continues to make gains – and, wonderfully, whose sense of humour remains intact.”

She also paid tribute “to our legal team who have kept me sane while bringing us safely through the last five and a half years”.



The Metropolitan police said: “We respect the judges’ decision.”