Morgan Sindall Construction & Infrastructure has been ordered by the High Court to compensate a cyclist who hit the base of a traffic bollard by one of its sites in east London.
Cyclist William Brown spent five days in hospital after the incident in September 2019, requiring a blood transfusion and surgical plating in his arm.
A High Court judge has now ruled that Brown should receive around £50,000 in general damages as well as further payments — yet to be determined — after finding Morgan Sindall’s construction subsidiary was liable for the accident.
The contractor closed Pitfield Street in Hoxton to vehicular traffic in summer 2019, as it needed to work on part of the road while installing a district heating system to the £54m Britannia Leisure Centre, which it was building in next-door Shoreditch Park.
Traffic bollards were required to separate a two-way cycle lane that remained open on the street and to keep out vehicular traffic — but it was also needed to allow emergency services vehicular access if they needed it.
Morgan Sindall used Kingpin traffic bollards, gluing their base to the street before inserting separate, detachable wands. However, the wands were frequently removed by vandals, leaving the grey bases not clearly visible.
Judge Katherine Tucker found that Morgan Sindall knew that wands were being removed, causing a risk to cyclists and others, but only managed the risk by getting traffic marshals and security guards to replace missing wands.
She also said Morgan Sindall failed to install the traffic bollards in accordance with the manufacturer’s instructions, which specified a self-tapping wood screw should be inserted to secure the wand to its base after it was screwed in.
Instead the traffic wands were simply installed using its ‘twist and lock’ method so they could be easily removed for blue light access, she said. However, this meant the traffic bollards did not meet British Standards and wands could be easily removed by vandals.
In January 2020, Morgan Sindall changed the type of traffic bollards to Swinbac, which cannot be unscrewed but can be knocked down before swinging back, therefore allowing emergency access.
Morgan Sindall denied liability for Brown’s accident, saying it did not owe a statutory duty to cycle lane users and that the base of the bollard was not a hazard. However, Judge Tucker said the contractor was responsible.
“The defendant knew that traffic bollards were being removed along Pitfield Street, and causing a health and safety risk, that this was happening frequently, and, importantly, when staff were not on site, but at a time when the cycle lanes remained open and were being used,” she said.
“I consider that the presence of an unmarked and non-reflective base upon the highway caused a nuisance to cyclists and road users.
“There was insufficient consideration given to the choice of bollard. The bollard was used because it was in stock, not because it was appropriate.
“In any event they were installed other than in accordance with manufacturer’s instructions, and there was inadequate monitoring and inspection of their installation, particularly after it was known that the wands were being removed from their base.”
Morgan Sindall had accused Brown of deliberately exaggerating the impact of his injury and having been “fundamentally dishonest” about its effect on his mental health.
However, the judge also rejected this and found that the “serious” accident had a profound effect on his life. She said Morgan Sindall owed him general damages of around £50,000.
She also said that the contractor owed him compensation for a range of other things, including: loss of earnings; commute expenses; his broken Apple Watch and bicycle; an automatic car he required after his injury; medication and medical fees; carer fees; fees for DIY he was unable to do; and unused theatre tickets and memberships.
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Will Ing