AN ACCIDENT triggered by a rambler who failed to close a farm gate has led to an Appeal Court test case.

The walker, who was not identified, left the gate at Cam House Farm, Chop Gate, open on October 26, 2000. A herd of cattle got into a neighbouring field and then on to the B1257 road.

Motorcyclist Peter Donaldson, of Ashbourne Close, Eston, hit one of the animals, suffering serious arm injuries.

In October, a Middlesbrough County Court judge ruled that A N and M A Wilson, the father and son who run Cam House Farm, were liable to fully compensate Mr Donaldson. But last week they were granted an appeal by Lord Justice Brooke, who said the appeal should be on a question of principle only and, whatever the outcome, Mr Donaldson would retain his right to damages.

He heard that the gate had been installed not by the Wilsons, but by the North York Moors National Park Authority. The court was told the farmers could not put a lock and chain on it as it covered a public footpath.

NFU Mutual, the UK's largest rural insurer, has taken up the case, arguing that the ruling places an unrealistic legal burden on farmers and other landowners.

A spokesman for the company said: "We are pleased that we are able to take this to appeal because it's a matter of great concern to anybody who owns livestock."

No date has been set for the appeal hearing.

Richard Ellison, regional director of NFU North-East, said: "The case is important because, with Right to Roam, there is the potential for this sort of incident to increase.

"A lot has been said about the rights of visitors to the countryside. This case highlights the fact that visitors also have obligations.

"They have to abide by a basic country code, which includes shutting gates behind them.