Ahead of a five-day trial due to commence at the High Court on Tuesday 6 May 2025, Mr Justice Ritchie today approved and sealed the settlement order for a severely injured NHS resident doctor.
Dr Daniel Gordon sustained a life-changing spinal cord injury when the front forks of a Planet X Tempest SRAM Force 1 titanium bike sheared in two on a grass slope in Inverness in August 2020. The ensuing crash resulted in Dr Gordon being paralysed. He has been left with no neurological function in his legs or trunk (T4 complete paraplegia) and will be dependent on a wheelchair for the rest of his life.
Dr Gordon instructed Stewarts International Injury Partner Julian Chamberlayne and Senior Associate James Griffin to bring proceedings in the English High Court.
Dr Gordon brought his claim initially against the seller of the bicycle, Planet X, but following their insolvency in 2023, Stewarts identified and pursued the claim against Planet X’s insurers Arch Insurance (UK) Limited and Chubb European Group SE.
Dr Gordon was a resident doctor working for the NHS when his accident occurred. Despite sustaining this life-changing injury, Dr Gordon has managed to return to his medical career with NHS Scotland. He currently works four days a week as a specialist respiratory registrar.
Dr Gordon was an experienced cyclist before his injury. He has since taken up hand cycling, completing the hand cycling tour of Mallorca in 2022 and the London Marathon in 2025. In 2024 Dr Gordon married his fiancée, Dr Laura Colacino (another resident doctor), and together they went on honeymoon to Peru including a visit to the notoriously difficult-to-access historic ruin site of Machu Picchu.
Resolution of the court proceedings
During the court proceedings, testing by the parties’ respective experts found that the carbon fibre forks on Dr Gordon’s bicycle were materially thinner and weaker than two exemplar forks provided by the manufacturer, Huizhou FlyBike Sports Equipment Co Ltd.
A five-day trial on the issue of liability was due to commence at the High Court on Tuesday 6 May 2025. Just days before the start of the trial, following negotiations between the parties, it was agreed that Dr Gordon should receive a settlement in the sum of £4.5m, treated as 50% of the full value of his claim. The settlement includes provision for Dr Gordon to return to court and seek further damages in the event he experiences a rare but serious and untreatable deterioration caused by a spinal cyst.
Gravel bikes
While gravel bikes have become increasingly popular as a choice between the more traditional options of a road bike or a mountain bike, Dr Gordon’s case has highlighted the lack of uniformity as to how gravel bikes are tested, categorised and advertised in the UK.
Planet X described the £2,300 gravel bike purchased by Dr Gordon in 2020 as a “go-anywhere” bicycle that is “lively on the road but confident enough to play MTB on the trails”, and stated “the only thing Tempest doesn’t have is limits”. This was illustrated by photos on Planet X’s website at the time showing the bike being ridden in rocky mountainous terrain. Throughout the case, the defendant suggested that such advertisement was mere “marketing puff” and should not have been relied upon by Dr Gordon.
During the proceedings, the case was defended partly on the basis that an American standard of classification for bikes (ASTM) applied to Dr Gordon’s bike. The ASTM categorisation applied to gravel bikes by some other manufacturers suggested their bikes should not be ridden over any jumps or drops of more than 15cm. However, Planet X’s website made no mention of the ASTM categorisation, nor did any manuals or instructions for the Tempest bike sold to Dr Gordon impose any restrictions on use. It is notable when looking across the gravel bike industry that even when manufacturers and sellers apply ASTM categorisation, this information is rarely prominently displayed and is probably not spotted by most purchasers.
The growing popularity of gravel bikes has not yet translated into clear international testing standards, in contrast to the long-standing BS ISO 4210 testing standards for road and mountain bikes and forks. Even BS ISO 4210 testing does not include a test for compressive forces, nor is there any express requirement for manufacturers to conduct any form of field testing of real world cycling before a bike is deemed fit for sale.
Julian Chamberlayne commented:
“It has been a privilege to represent Danny Gordon and to achieve this settlement, which will help him fund his needs following his spinal injury. He has shown huge strength of character in not allowed this life changing injury to stop him from returning to work with the NHS, and in his determination to continue cycling, now using a hand bike.
This case has highlighted that the regulation, testing and manufacture of gravel bikes warrants closer attention, to ensure they are safe for the adventurous use that is shown in their advertising and expected by purchasers.”
Dr Gordon commented:
“Despite a catastrophic and life-changing injury, I’ve been fortunate enough to be supported by Stewarts in pursuing a claim against Planet X’s insurers, the result of which means my future care and accommodation needs can be met. Stewarts have been exceptionally proficient, compassionate and offered me clear guidance through an incredibly difficult, complex and personally challenging time.
I also have to thank Ewan Stirling, a friend and coach who first noticed the unusual way in which the fork sheared, without whom I would likely not have taken any action.
I hope now to be able to move forwards and show that despite this injury, life can still be rewarding and fulfilling.”
Dr Gordon was represented by Julian Chamberlayne and James Griffin. They instructed Nathan Taveres KC of Outer Temple Chambers. The defendants were represented by Clyde & Co LLP and Kennedys, instructing Andrew Davies KC of Crown Office Chambers.
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