Mercer legal claim heads to court
Malcolm Offline
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#1
Mercer legal claim heads to court
[Image: SteveMerceratSulby.jpg]
Steve Mercer pictured at Sulby Bridge heading a group of riders anti-clockwide back to the Grandstand.
Other riders including Ryan Kneen (second from left) wait for instructions.
Picture: David Skillicorn

Injured TT rider Steve Mercer has begun legal action against the Auto Cycle Union.

A hearing will take place in the high court tomorrow (Friday) to decide whether the case should be heard in the island or the UK.

Mr Mercer sustained life-changing injuries during a TT qualifying session last year when red-flagged riders were told to return to the Grandstand the ’wrong way’.

His machine collided head-on at Ballacrye with a course car travelling at speed on its way to the accident that claimed the life of Manx TT star Dan Kneen.

Mr Mercer, of Maidstone, Kent, is still receiving in-patient treatment in a rehabilitation centre for limb and spinal injuries and says there is a ’realistic possibility’ that he could lose a leg. He says he’s not been allowed to see the official investigation report commissioned by the ACU into what could have been a multiple-fatality collision.

And last month he confirmed he was talking to a solicitor over possible legal action in relation to the accident.

Now that legal case has stepped up a gear and has moved into court.

In tomorrow’s hearing, lawyers for the Auto Cycle Union Limited and ACU Events Ltd will argue that Mr Mercer’s damages claim should be heard in the Isle of Man rather than the UK, which is where the injured rider would like it heard.

TT clerk of the course Gary Thompson of ACU Events Ltd confirmed that Friday’s court hearing is to ’confirm jurisdiction of where the case is heard’.

The clause that the TT riders sign up to in regulations states that:

’Each entry, if accepted, will form a contract between organisers and the entrant/competitor, which will be governed by and construed in all respects in accordance with Isle of Man law.

’Each of the parties irrevocably submits to the jurisdiction of the Isle of Man Courts in respect of any legal action or proceedings arising out of the contract or the participation of the entrant/competitor in the meeting.’



The ACU has outlined a number of changes that will be implemented for TT 2019 following Steve Mercer’s head-on collision.

This includes ’improved training for all senior race officials’ along with ’improved and more structured marshal training’.

There will be extra emphasis placed on competitors ’reading and understanding the rules and regulations for the event’ and ’more in-depth rider briefings’ will be provided.

All course cars/course inspection cars and response cars will have warning lights fitted to the roof and speed limits will be imposed on vehicles there.


[Image: iomtodaylogo.jpg]
23-05-2019, 11:57 AM
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c iom tt Offline
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#2
RE: Mercer legal claim heads to court
I have never agreed with sending anyone the wrong way around course when it is closed, and unfortunately it was only a matter of time before this happened.
That said, I could also not work out why they were not stopped further at the next sector, or why they did not stop themselves when they were going past other riders that were still stopped as can be seen in this picture.
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If you want something bad enough, you'll find a way. If you don't, you'll find an excuse
23-05-2019, 01:17 PM
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Revvin rich Offline
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RE: Mercer legal claim heads to court
I agree be it Isle of man or short circuit I have never known anyone being sent in the reverse direction it was bound to happen it was a complete break down in communication.
24-05-2019, 07:42 AM
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AntG Offline
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#4
RE: Mercer legal claim heads to court
Whenever they've been sent back in reverse before they were ALWAYS under escort from a TM.
24-05-2019, 08:47 AM
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harveymushman Offline
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#5
RE: Mercer legal claim heads to court
Without wishing to prejudice - legal caveat over - Merc has the ACU bang to rights - would expect they are arguing over court location regarding damages not that impressed with the ACUs list of recommendations either
24-05-2019, 11:46 PM
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chris4652009 Offline
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#6
RE: Mercer legal claim heads to court
Any further update? This was last Friday wasn’t it???
26-05-2019, 06:58 PM
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