“If Mr. Gibbons was not aware of Nellie Deen's presence he clearly should have been,” said Walden-Smith. “He was considered to be a highly skilled and talented jockey, and a jockey, particularly riding at this very high level, both needs to be, and is, able to assess and reassess the constantly changing racing conditions, which includes the positioning of other horses that are nearby, in order to be able to adjust their own riding and tactics.”

“Mr Gibbons knew, or at the very least ought to have known, that Mr Tylicki was inside on the rail and had moved up to within a half-length of Madame Butterfly,” she continued. “He exerted real pressure on the right-hand rein of Madame Butterfly in order to bring her across Nellie Deen's racing line and did not stop bringing her in close to the rail even after the first collision. While that might, in some circumstances, be considered a short period of time…this was a sufficient period of time for a skilled jockey to make decisions.”

Tylicki said after the ruling, “Today's result has finally provided me with closure and I look forward to putting this all behind me and moving on with my life. I hope, though, that this judgment acts as a reminder that competing in a dangerous sport like horse racing is no justification for competing with a reckless disregard for the safety of your fellow competitors.”

The British Horseracing Authority said in a statement,  “The BHA will consider today's High Court judgement in detail and carefully assess what implications it may hold for British racing, in discussion with industry stakeholders. The full transcript of the hearing will also allow us to consider any of the other relevant matters which were raised over the course of the hearing.”

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Tylicki, a former champion apprentice, has been confined to a wheelchair since a racing incident at Kempton in October of 2016. The 35-year-old alleged in his £6 million (about US$6.77 million) suit that Gibbons' negligence breached the “duty of care” owed by one jockey to another.

Judge Walden-Smith agreed, her ruling stating that Gibbons' actions during a pivotal four seconds of that race “were not mere lapses or errors of judgement. This was a course of action that carried over a number of seconds and, while that might, in some circumstances, be considered a short period of time, in the heat of a horse race where jockeys are required to make split-second decisions […] this was a sufficient period of time for a skilled jockey to make decisions.”

A final compensatory amount has not yet been decided.

Tylicki released the following statement after the decision was announced: “Today's result has finally provided me with closure and I look forward to putting this all behind me and moving on with my life. I hope though that this judgement acts as a reminder that competing in a dangerous sport like horseracing is no justification for competing with a reckless disregard for the safety of your fellow competitors.”

The BHA will consider today's High Court judgement in detail and carefully assess what implications it may hold for British racing, in discussion with industry stakeholders.

— BHA Press Office (@BHAPressOffice) December 21, 2021

Read more at racingpost.com.

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On the line is not only the difficulty of ensuring jockeys have insurance coverage if the judge orders a payout to Tylicki, but also that several members of the racing community, both a jockey and a steward, spoke on the stand about the “code of conduct among jockeys” that often prevents them from speaking up.

“Readers of the Racing Post were better briefed about what went on than the folk who run the game,” Cook wrote. “A BHA presence last week would have been a reassuring sign that in fact the sport is well run and its top people can tell what really matters. Instead, I'm left imagining a group of people chiseling away in their own little silos and nobody sticking their head outside to see if there's something that might need to be dealt with.”

The BHA sent the following reply to the Racing Post after the publication of Cook's commentary: “The suggestion that the BHA has not identified the significance of this hearing is entirely incorrect. Alongside any detailed judgement issued by the judge, a full transcript of the proceedings has been requested which will allow the BHA to take the time to study the proceedings in detail and carefully reflect on any items of concern.”

Read more at racingpost.com.

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Tylicki, a former champion apprentice, has been confined to a wheelchair since a racing incident at Kempton in October of 2016. The 35-year-old has filed a £6 million (about US$6.77 million) lawsuit against jockey Graham Gibbons, with Tylicki alleging that rider's negligence breached the “duty of care” owed by one jockey to another.

Gibbons denies the charges.

Tylicki took the stand earlier this week to relive the moment of his life-altering injuries, watching video of the incident from multiple angles. Similar video was shown in court on Thursday, with McGrath singling out a specific point at which Gibbons' actions affected the incident.

“I don't think there is any question that Mr. Gibbons had the opportunity to correct his horse,” McGrath said. “My experience as a race reader and commentator and my knowledge of the rules and, crucially in this incident the length of time it took to unfold and the position of the incident in this race, are all important matters.

“Putting that all together – to me it was a completely avoidable incident.”

The trial continues.

Read more at The Sun.

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Testimony in the case began on Monday in the High Court before Judge Karen Walden-Smith, according to BBC Sport.

Tylicki was on the stand to relive the moment of his life-altering injuries, watching video of the incident from multiple angles while on cross-examination by Gibbons' attorney, Patrick Lawrence.

Tylicki and his mount, Nellie Deen, were against the inside rail, while Gibbons and the eventual winner Madame Butterfly were to the outside. Tylicki made a move to go up the inside, and there were several moments before the two horses made contact.

“After I squeezed and I couldn't get upsides him, the pressure was just building up and building up and building up,” said Tylicki. “I took a pull and shouted 'Gibbo.' It was a shout for survival if I'm honest because I knew what was going to happen next. But there was no response.”

Gibbons' defense contends that the contact was not caused by his actions, and instead was “a racing accident occasioned by the horses coming together, as described, as they travelled at speed around the bend.”

Gibbons' attorney added: “If what we say is a racing incident of the type that occurred here, albeit one with absolutely tragic consequences for one of the jockeys concerned, if that type of incident will tend to generate litigation and interest from the lawyers, then it is not difficult to see that that will have multiple ramifications which may create all sorts of difficulties for professional sport, not just horse racing.” 

The hearing is scheduled to continue for four more days, and will include testimony from Gibbons, as well as  jockeys Jim Crowley and Pat Cosgrave, who also took part in the race. Top jockey Ryan Moore prepared expert testimony for Tylicki's team, while Gibbons' team will have testimony from steward and former amateur jockey Charlie Lane.

Read more at BBC Sport.

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