I am left with the clear impression that the Board's medical advisers have not looked outside their personal expertise. This reasoning was followed by the House of Lords in Phelps v Hillingdon Borough Council [2000] 3 WLR 776. As a result of the delay the patient sustained brain damage. In case of any confusion, feel free to reach out to us.Leave your message here. [2] The case was then appealed to the Court of Appeal of England and Wales, where a 3-judge panel consisting of Phillips MR, May LJ and Laws LJ delivered their judgment on 19 December 2000. The Board did not insure against liability in negligence. Once proximity is established by reference to the test which I have identified, none of the more sophisticated criteria which have to be used in relation to allegations of liability for mere economic loss need to be applied in relation to personal injury, nor have they been in the decided cases.". He claimed that the Board had been under a duty of care to see that all reasonable steps were taken to ensure that he received immediate and effective medical attention and treatment should he sustain injury in the fight. 97. These are explored in the authorities to which I have referred earlier. IN THE SUPREME COURT OF JUDICATURE Case No: QBENF1999/1137/A2, (1) BRITISH BOXING BOARD OF CONTROL LIMITED, (2) WORLD BOXING ORGANISATION INCORPORATED, (Transcript of the Handed Down Judgment of, Smith Bernal Reporting Limited, 190 Fleet Street, Tel No: 020 7421 4040, Fax No: 020 7831 8838, - - - - - - - - - - - - - - - - - - - - - - - - - - -, Mr C Mackay, QC and Mr Neil Block (instructed by Myers Fletcher & Gordon) appeared on behalf of the Respondent/Claimant. The rise in pressure inside the skull caused by the haematoma results in distortion of the brain. The relevant allegations of negligence can be summarised as follows: * The Board failed to inform itself adequately about the risks inherent in a blow to the head; * The Board failed to require the provision of resuscitation equipment at the venue, together with the presence of persons capable of operating such equipment. It made provision in its rules for the medical precautions to be employed and made compliance with these rules mandatory.. Thus the criteria identified by Hobhouse L.J. 23. Michael Watson was injured in a boxing match supervised by the British Boxing Board of Control (BBBofC or BBBC), which was expected to provide medical care. Thus, it has members who pay membership fees or subscriptions in return for which it provides them with facilities. Had the ambulance been, in fact, just as satisfactory, this would have meant that the absence of a Rule requiring such a facility would have had no causative effect. An example of the ongoing review of safety standards was the Board's decision, in August 1991, that: "In future three Board Medical Officers would be appointed when a major contest was taking place. There is no question but that anyone with the appropriate expertise would have advised such a system whatever reservations they may have had, as had Professor Teasdale, about its ultimate utility.". The Board had, or had available, medical expertise. The British Boxing Board of Control have confirmed they are moving their base to Cardiff from London. 13. In these circumstances the claim against Mr Usherwood was a conventional claim for carelessness causing direct and foreseeable personal injury. Administrative, Personal Injury, Negligence, Updated: 02 November 2021; Ref: scu.135634. "Until he collapsed, I would hold that the deceased was in law alone responsible for his condition. To hold that, in such circumstances, the head teacher could properly ignore the matter and make no attempt to deal with it would fly in the face, not only of society's expectations of what a school will provide, but also the fine traditions of the teaching profession itself. It was the evidence of Mr Watson's experts that, while brain damage of the type I have described is cumulative, what happens in the first ten minutes is particularly critical. Beldam L.J. In delivering the leading speech Lord Browne-Wilkinson observed at p.739: "The question whether there is such a common law duty and if so its ambit, must be profoundly influenced by the statutory framework within which the acts complained of were done.". In consequence, the pupil fails to receive the appropriate educational treatment and, as a result, his educational progress is retarded, perhaps irreparably. He went on to hold that, in relation to the child abuse cases, the statutory scheme was incompatible with the existence of a direct common law duty of care owed by the local authorities. They have not succeeded. Watson v British Boxing Board of Control (2001 . The third category is of particular importance in the context of this action. 9. Similarly, in the case of the advisory teacher brought in to advise on the educational needs of a specific pupil, if he knows that his advice will be communicated to the pupil's parents he must foresee that they will rely on such advice. [2001] QB 1134 was a case of the Court of Appeal of England The psychologist sees the child and carries out an assessment. 3. [1997] QB 1004 at 1034. The boxers display skill, strength and courage, but nobody pretends that they do good to themselves or others. In support of that proposition Mr. Walker relied upon X v Bedfordshire CC and Stovin v Wise [1996] AC 923. The occurrence of a haematoma could not have been prevented but its effects could have been mitigated. Try and prevent and/or treat raised intracranial pressure. 109. The child has a learning difficulty. e) The rule that any boxer selected to take part in a championship contest shall submit to the Board a satisfactory centralised tomography (CT) brain scan report not less than 28 days before the contest and a further scan report annually, so long as the boxer continues to take part in such contests. Considerations of insurance are not relevant. 32. In 1991 it was also the practice to infuse with Manitol, though as I understand it this is no longer the case today. But the claimant does not come even remotely . On 21st September 1991 Michael Watson fought Chris Eubank for the World Boxing Organisation Super-Middleweight title at Tottenham Hotspur Football Club in London. In such circumstances A's conduct can accurately be described as the assumption of responsibility for B, whether `responsibility' is given its lay or legal meaning. 95. 49. Once this proximity exists, it ceases to be material what form the unreasonable conduct takes. Tort Case Law. This can, of itself, result in the restriction of the supply of oxygen to the brain. When considering whether the Board owed Watson a duty of care, Ian Kennedy J. examined at some length the role played by the Board in imposing, by rules and regulations, the safety standards to be observed by those involved in professional boxing in this country. There are features of this case which are extraordinary, if not unique. She claimed in negligence and occupiers liability. He won a historic High Court case in Sept 1999, raising questions about the future of the professional sport in the UK. The article examines this regulatory framework; where traditional attitudes about the social desirability of sport and acceptance of harm support an autonomous self-regulatory approach, often insulated from the full application of the criminal law. The Board next drew attention to evidence that a member of the public having sustained brain damage in a road accident would not expect to receive from the ambulance attending the scene the resuscitation service which the Judge held should have been available at the ringside. radio He added : "If the plaintiff has been negligently injured by a failing by the PFA, I cannot see that it would be right to withhold relief from him simply on the ground that to grant that relief might cause a rise in the PFA's insurance premiums, or even cause a more expensive system of inspection to be substituted for that of the PFA.". So may be an education officer performing the functions of a local education authority in regard to children with special educational needs. 29. When carrying out the assessment and advising the education authority, did the psychologist owe a duty of care to the child? He inferred that professional boxers would be unlikely to have an innate or well informed concern about safety. His comment that "it would only have added three minutes or so if he had waited until he was summoned" suggests to the contrary. He further alleged that had he received that treatment, he would not have sustained permanent brain damage. In these circumstances the Board should owe no greater duty of care than that imposed on a rescuer, that is a duty to exercise reasonable care not to make the situation worse, but no duty to reduce the damage that would have occurred in any event had the rescuer not intervened - see Capital and Counties plc v. Hampshire County Council. To my mind it is difficult in such a situation to profess a concern for safety and to deny a duty such as I have described. But the fact that the carrying out of the retainer involves contact with and relationship with the child cannot alter the extent of the duty owed by the professionals under the retainer from the local authority. This increases the oxygen in the blood and reduces the level of carbon dioxide. That argument was rejected. Mr. Usherwood was the person who was carrying out this role in relation to Mr. Collins' assembly of this aircraft. Search for more papers by this author. 503 at p.517, per Lord Justice Cotton). 30. The Judge referred (Transcript p.17) to the question of whether to attach a duty of care to the facts of the present case would be an acceptable incremental extension of established liabilities, or too long a step. They argued that if they had failed to exercise reasonable care, this was not the direct cause of the Plaintiff's injuries - the direct cause being that the aircraft had been designed in a manner that made it unairworthy. It concludes that, if account is taken of all these areas, insurance has been of vital importance to the law of tort. The Board argued that, until they received such advice, they could not reasonably be expected to alter their recommendations and rules in relation to ringside treatment. The fight was terminated at 22.54. observed that there was no evidence of any of the asserted potential effects of a finding of negligence against PFA. If it had in place the appropriate protocols for provision of medical care, the claimants injuries would not have been so severe. Match. 90. [2], The case first went to the High Court of Justice, where Kennedy, J, gave his judgment on 24 September 1999, awarding Watson around 1 million in damages. Had the Board simply given advice to all involved in professional boxing as to appropriate medical precautions, it would be strongly arguable that there was insufficient proximity between the Board and individual boxers to give rise to a duty of care. 75. The company, as the Popular Flying Association, appoint inspectors for the purpose of, among other things, inspecting aircraft during the course of their construction by members of the association and certifying whether the relevant work has been done to his "entire satisfaction" and the aircraft is in an airworthy condition. Watson v British Boxing Board of Control (2001). I have not heard evidence to the effect that the Board or its medical advisers had before this incident considered, and for some reason decided not to follow, what may not unfairly be called this protocol. 7. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. In consequence this special need was not addressed, to the detriment of the child. There are a number of problems with this submission. Mr Watson collapsed unconscious within a minute or so of this. 114. The Notice of Appeal contended that there was no evidence that, had the rules contended for by Mr Watson been in place, he would have been treated any differently; the Judge should have found that none of the doctors present, nor the ambulance man, would have intubated the claimant, whatever equipment had been available, because he was breathing spontaneously. I think that the Judge was right. First published: 28 June 2008. expounded the relevant principles of law in the following passages: "A minimum requirement of particularity and contemplation is required. On the evidence I consider that the Judge was entitled to find that, even if resuscitation had not been commenced until after help was summoned, it would probably have resulted in a significantly better outcome for Mr Watson. In this case the following matters are particularly material: 1. On the law relied upon by the Judge, this was all that Mr Watson needed to succeed. The facts of this case are not common to other sports. 74. Study with Quizlet and memorize flashcards containing terms like Robinson v Chief Constable of West Yorkshire Police 2014, East Suffix River Catchment Board v Kent, Reeves v Commissioner of Police and more. Herbert Smith, London. Ormrod L.J. 20. The referee stopped the fight in the final round when Watson appeared to be unable to defend himself. Clearly, they look to the Board's stipulations as providing the appropriate standard. In the leading speech Lord Slynn advanced the following statement of principle at pp.790-1: "As to the first question, it is long and well-established, now elementary, that persons exercising a particular skill or profession may owe a duty of care in the performance to people who it can be foreseen will be injured if due skill and care are not exercised, and if injury or damage can be shown to have been caused by the lack of care. This was drawn to the attention of the duty Petty Officer, who organised a stretcher, had the rating carried to his cabin and placed on his bunk in the recovery position, in a coma. Likewise, a doctor who happened to witness a road accident will very likely go to the assistance of anyone injured, but he is not under any legal obligation to do so, save in certain limited circumstances which are not relevant, and the relationship of doctor and patient does not arise. They support the proposition that the act of undertaking to cater for the medical needs of a victim of illness or injury will generally carry with it the duty to exercise reasonable care in addressing those needs. Mr Walker's challenge to these findings was based on a single point. 57. At least 20 minutes, and probably nearer 30 minutes, could have been saved. He held that he was left in no doubt that the Board was in breach of its duty in that it did not institute some such system or protocol as that which Mr Hamlyn was later to propose. English case law has developed, with various twists and turns, in the problematic field of factual causation. That, however, did not prove to be the position. In any event it would be quite wrong to determine the result of the individual facts of this case by formulating a principle of general policy that sporting regulatory bodies should owe no duty of care in respect of the formulation of their rules and regulations. Therefore, it is said, it is nothing to the point that the social workers and psychiatrist only came into contact with the plaintiffs pursuant to contracts or arrangements made between the professionals and the local authority for the purpose of the discharge by the local authority of its statutory duties. The police have been held to owe no duty to respond to a 999 call or, having done so, to exercise reasonable care to prevent a burglary Alexandrou v. Oxford [1993] 4 All ER 328 [1994] 4 All ER 328. 91. One issue in each case was whether, on these facts, it could be argued that the local authority had been either directly or vicariously, in breach of a duty of care owed to the child under common law. Applied Barrett v Ministry of Defence CA 3-Jan-1995 The deceased was an off-duty naval airman. He distinguished the fire and police `rescue' cases on the ground that: "This was not a case of general reliance, but specific reliance. Appeal from Watson v British Board of Boxing Control QBD 12-Oct-1999 A governing body of a sport, had a duty to insist on arrangements for sporting events, held under its aegis, to ensure proper access to medical aid. Thus a person may be liable for directing someone into a dangerous location (e.g. The local council had waived a requirement that the balustrade meet the . The evidence certainly supports the proposition that it was Mr Watson's injuries, and the subsequent advice given by Mr Hamlyn, that caused the Board to change its practice. * Enter a valid Journal (must 2. The Board contends:-. This passage was approved by Lord Steyn when the case reached the House of Lords [1996] AC 211 at 235. Furthermore, if an ambulance service is called and agrees to attend the patient, those caring for the patient normally abandon any attempt to find an alternative means of transport to the hospital". No contest shall take place unless fully trained personnel are able to operate such resuscitation equipment are present throughout the promotion.". The Board accepted these recommendations and promulgated them by way of guidance. It is not so much that responsibility is assumed as that it is recognised or imposed by the law.". The Board was involved in an activity which gave it, not merely a measure of control, but complete control over and a responsibility for a situation which would be liable to result in injury to Mr Watson if reasonable care was not exercised by the Board. In 1990 Mr Watson had been involved in litigation with his manager, in which the Board had filed an Affidavit. In my judgment, there must be an affirmative answer to that question. It seems to me that, but for the intervention of the Board, the promoter would probably owe a common law duty to the boxer to make reasonable provision for the immediate treatment of his injuries. The claimant was seriously injured in a professional boxing match governed by rules established by the defendants rules. JURISDICTION TO INTERPRET A FEDERATION'S RULES OF PROCEDURE IN DOPING CASES41 a) Case of Smith v International Triathlon Union (Supreme Court of British Colombia, Vancouver, It is always better to err on the side of caution and even if a boxer has recovered sufficiently to leave the ring unaided, if and when he returns to the dressing room he exhibits any sign of persistent concussion or admits to any persistent headaches, visual disturbance or vomiting he should be immediately transferred to the local hospital where the expert advice of Neurologists and Neurosurgeons can be obtained. This contention had some similarities to submissions made in relation to the Popular Flying Association in. While it is difficult, or perhaps impossible, to avoid a degree of subjectivity when considering what is fair, just and reasonable, the approach must be to apply established principles and standards. 46. Michael Watson MBE, born 15 March 1965, is a British former professional boxer who competed from 1984-1991. This submission involves considering the timing of events and the Judge's findings in relation to the impact of these on causation. It would seem impossible to contend that the plaintiff would not be affected by the decisions and plans drawn up by the architect.". By the time he received resuscitation in hospital he had sustained permanent brain damage which such treatment would have prevented. In my view there is a quite sufficient nexus between the Board and the professional boxer who fights in a contest to which its rules obtain to be capable of giving rise to a duty in the Board to take reasonable steps to try to minimise or control whether by rules or other directions the risks inherent in the sport. The Board argued that this demonstrated that the standard applied by the Judge was too high. A primary injury such as that described can have secondary consequences which are much more serious. There are, however, authorities dealing with advice given to third parties that foreseeably resulted in injury to the person or property of claimants. 128. QUIZ. Boxing could not, however, have survived as a legal sport without strict regulation, one aim of which is to limit the injuries inflicted in the ring. A number of authorities show that an acceptance of the role (usually under statutory powers or duties) of protecting the community in general from foreseeable dangers does not carry with it a legal duty of care to safeguard individual members of the community from those dangers. The Judge held that on these facts Mr Watson was entitled to recover for his injuries in full, relying on the authorities of McGhee v The National Coal Board [1973] 1 WLR 1; Wiltshire v Essex A.H.A. 120. ", The Regime Applying to the Contest Between Watson and Eubank. In each case it was alleged that the professional in question negligently failed to diagnose dyslexia. Thereafter, when the defendant assumed responsibility for him, it accepts that the measures taken fell short of the standard reasonably to be expected. There was also an ambulance standing by which had resuscitation equipment and a paramedic who knew how to use this. Thus the. so-called requirements for a duty of care are not to be treated as wholly separate and distinct requirements but rather as convenient and helpful approaches to the pragmatic question whether a duty should be imposed in any given case. I see no reason why the rules should not have contained the provision suggested by the Judge. The patient can then be taken straight to the nearest neurosurgical unit. It made provision in its Rules for the medical precautions to be employed and made compliance with these Rules mandatory. Boxing members of the Board, including Mr Watson, could reasonably rely upon the Board to look after their safety. 118. at p.258 as follows: "The third defendants are a trading company incorporated under the companies Acts. In fact, it took very much longer than a few minutes to get to the hospital, for reasons that were not identified at the trial. 44. The claimant drank the water, and claimed damages for having consumed arsenic in it. The conduct of the activity of professional boxing carries with it, for the small body of men that take part in it, the need for the provision of medical assistance to treat the injuries that they sustain and minimise their adverse consequences. The comparison drawn by Mr Walker between the Board and a rescuer is not apt. It trades under the name of the "Popular Flying Association" and it appears that either its main role or one of its main roles is to run that association. The relevant findings of the Judge were as follows:-. While Buxton L.J. Of course.these three matters overlap with each other and are really facets of the same thing. 's examination of the ship, and that the cargo owners simply relied on the undertakings of the shipowners, it is in my view impossible to force the present set of facts into even the most expansive view of the doctrine of voluntary assumption of responsibility.". In laying down Rules for the benefit of boxers generally, however, Mr Walker submitted that the Board was under no duty of care. Calvert v William Hill (2008). "The Board does not create the danger. In contrast the injuries which are sustained by professional boxers are the foreseeable, indeed inevitable, consequence of an activity which the Board sponsors, encourages and controls. Get 1 point on providing a valid sentiment to this He was present at the meeting held with the Minister for Sport after Mr Watson's injuries. In the chaos that then ensued, Mr Watson was surrounded by his team, which included a number of bodyguards.
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