The appellant was struck by a car while riding his bicycle and applied for a determination of catastrophic impairment based on a Glasgow Coma Scale score of 8.
The Licence Appeal Tribunal denied the application.
On appeal, the Divisional Court found that the Tribunal breached procedural fairness by refusing to admit a video of the accident, permitting the respondent's expert to testify beyond the scope of his report, and refusing to allow the appellant to call reply evidence.
The appeal was granted and the matter remitted to the Tribunal for a new hearing before a different adjudicator.
