A settlement for damages to dependants of Matthew Day, deceased, was granted by Master Eastman in the High Court at the Royal Court of Justice on 18 June 2025.

This concluded a claim that arose following the death of Mr Day, who was killed in a road traffic collision on 26 August 2022. Mr Day left behind his partner and a two-year-old daughter.

The incident

On 26 August 2022, Mr Day was riding his motorcycle along the A10 in Norfolk, near the town of Downham Market, when he was struck by a Honda Accord car. The driver of the Honda Accord was Mrs Mikayla Hayes, a serving member of the US armed forces, based in the UK. Mrs Hayes pulled out of the junction onto the path of Mr Day’s motorcycle. Unfortunately, Mr Day sustained fatal injuries and died on the same day. He left behind his partner and a two-year-old daughter.

The defendant driver, Mrs Hayes, was a serving member of the US Air Force at the time, based at RAF Lakenheath. The incident occurred as she was driving home to a property in the local town, Downham Market, after having completed her duties at RAF Lakenheath that day.

As a result of the accident, Mrs Hayes was charged by the police with causing death by careless driving.

The case was notable as the US authorities challenged the jurisdiction of the English courts to adjudicate on the criminal prosecution of Mrs Hayes. They argued that a US military court should hear the case on the basis that Mrs Hayes was acting in the course of her duties when she drove home. As such, they said, under the provisions of the Visiting Forces Act 1952, the UK’s criminal courts had no right to hear the case.

It is believed this is the first time the UK authorities have pursued a legal challenge on this point.

The issue was considered at a hearing at Westminster Magistrates’ Court on 11 November 2022. During this hearing, it was argued that Mrs Hayes was acting in the course of her duties when the accident happened because, among other reasons, her home was effectively the equivalent of a married quarter and part and parcel of RAF Lakenheath. So, travelling between the two was within her duties, and she was wearing clothing that formed part of her uniform at the time.

The Crown Prosecution Service (CPS) argued that Mrs Hayes had finished work and was driving home by choice, not under orders, going where she wanted in her own time. In these circumstances, it would be a significant concession for any state to surrender jurisdiction to a foreign power.

The court handed down its judgment on 23 November 2022, finding in favour of the CPS.

The criminal case proceeded to trial at Norwich Crown Court, where, following an eight-day hearing from 12 to 21 December 2023, the jury returned a not guilty verdict.

Instruction of Stewarts

Mr Day’s mother and partner instructed Stewarts’ specialist International Injury team, with senior associate James Griffin leading on the case.

A claim for damages was pursued against Mrs Hayes’ insurer, USAA SA UK Branch, on behalf of Mr Day’s dependents, being his mother, partner and young daughter.

Settlement

Following successful negotiations at a joint settlement meeting, an agreement for six-figure compensation was reached between the parties.

Given the young age of Mr Day’s daughter, who was four years old at the time the settlement was reached, the High Court’s approval was required, which has now been granted.

Comment

James Griffin comments:

“From a legal perspective, this is a very interesting case, and the outcome of the criminal jurisdictional hearing will no doubt have implications for those who find themselves in similar circumstances in the future. Of course, the most important thing is that Matthew’s family were afforded the opportunity for justice to take its course in the UK. No settlement will be enough to compensate for the loss of Matthew. I am, however, pleased that the sum secured provides some security for Matthew’s young daughter in the future.”

 

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