watson v british boxing board of control 2001 case

Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. "The fact that it was a person who foreseeably would suffer further injuries by a delay in providing an ambulance, when there was no reason why it should not be provided, is important in establishing the necessary proximity and thus duty of care in this case. 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. Watson v British Boxing Board of Control [2001] QB 1134 was a case of the Court of Appeal of England and Wales that established an exception to the defence of consent to trespass to the person and an extension of the duty of care expected in cases of negligence. 87. In Cassidy v Ministry of Health [1951] 2 K.B. that the negligence alleged fell into the category of directly causing foreseeable personal injury, both he and Swinton Thomas L.J. The Board, however, arrogates to itself the task of determining what medical facilities will be provided at a contest by (i) requiring the boxer and the promoter to contract on terms under which the Board's Rules will apply and (ii) making provision in those Rules for the medical facilities and assistance to be provided to care for the boxer in the event of injury. I propose to develop the relevant facts more fully in the context of each of these issues. There are, however, authorities dealing with advice given to third parties that foreseeably resulted in injury to the person or property of claimants. In the event, without explanation, he was not tendered as a witness and objection was taken to the use of his witness statement. 62. Watson v British Boxing Board of Control: Negligent Rule-Making in the Court of Appeal. 22. 2. In my judgement in the present cases, the social workers and the psychiatrist did not, by accepting the instructions of the local authority, assume any general professional duty of care to the plaintiff children. Many sports involve a risk of physical injury to the participants. Each case involved the performance by the local authority of duties imposed under statute for the benefit of children. is darth vader more powerful than palpatine; modern warplanes mod apk unlimited money and gold 2022 The Board set out by its rules, directions and guidance, to make comprehensive provision for the services to be provided to safeguard the health of the boxer. In order to explain these allegations, I propose to summarise the evidence on: * the nature of injuries such as those suffered by Mr Watson; * the manner in which such injuries were treated in hospital in 1991; * the manner in which such injuries should have been treated at the ringside and. The British Boxing Board of Control have confirmed they are moving their base to Cardiff from London. First published: 28 June 2008. Lord Nicholls posed and answered the following question at p.802: "Take a case where an educational psychologist is employed by an education authority. Watson v British Boxing Board of Control [2001] QB 1134 was a case of the Court of Appeal of England and Wales that established an exception to the defence of consent to trespass to the person and an extension of the duty of care expected in cases of negligence. 74. The arrival of the ambulance was greatly delayed without any reasonable explanation. There he arrived in the scanning room at 00.30 on 22nd September. Indeed it is difficult to resist a conclusion that what have been treated as three separate requirements are, at least in most cases, in fact merely facets of the same thing, for in some cases the degree of foreseeability is such that it is from that alone that the requisite proximity can be deduced, whilst in others the absence of that essential relationship can most rationally be attributed simply to the court's view that it would not be fair and reasonable to hold the defendant responsible. Thus the Board was a body with special knowledge giving advice to a defined class of persons in the knowledge that it would rely upon that advice in the defined situation of boxing contests. '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 my judgment there is a difference in principle between making Rules and giving advice, but it is not one which assists the Board. 34. [1988] 1 AC 1074 at 1090; and Hotson v East Berkshire Area Health Authority [1987] 1 AC 750 at 783. [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. In this way the Board reduces this aspect of the promoter's responsibility to the boxer to the contractual obligation to comply with the requirements of the Board's Rules in relation to the provision of medical facilities and assistance. 23. radio 130. Heaven v Pender (1883) 11 Q.B.D. There was no contract between the parties, but boxers had to fight under the Board's rules. In Smoldon v Whitworth [1997] PIQR P133 the duty of care had been conceded in the context of a school colts game and similarly, boxing came under scrutiny in Watson v British Boxing. England and Wales Court of Appeal (Civil Division), Watson & British Boxing Board Of Control Ltd & Anor. * Enter a valid Journal (must Try and prevent and/or treat raised intracranial pressure. Michael Watson was a boxer who, on 21 September 1991, fought Chris Eubank under the supervision of the British Boxing Board of Control (BBBC), the British professional boxing governing body. Order: Appal dismissed with costs on the issues of liability and causation here and below, those costs to be assessed forthwith on to Legal Services Assessment; 18,000 in Court to be paid out in part satisfaction of those costs forthwith; detailed assessment on standard basis; Legal Services Commission taxation; application for permission to appeal to House of Lords refused. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. Thus the criteria identified by Hobhouse L.J. Watson v British Boxing Board of Control [2001] QB 1734 - Law Journals Case: Watson v British Boxing Board of Control [2001] QB 1734 Case Report: Andrew Risk v Rose Bruford College [2013] EWHC 3869 (QB) 12 King's Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | March 2014 #123 . The first of these to enter the ring, Dr Shapiro, reached Mr Watson seven minutes after the fight had been stopped, i.e. It does not follow that the decision in this case is the thin end of a wedge. 111. In 1989 it was incorporated as a company limited by guarantee. In Caparo Plc v Dickman [1990] 2 AC 605, and in many subsequent cases, the House of Lords and this Court have approved the approach to the development of the law of negligence recommended by Brennan J. in the High Court of Australia in Sutherland Shire Council v Heyman (1985) 60 A.L.R. In Barrett v. Ministry of Defence [1995] 1 WLR a naval rating drank himself into a state of insensibility at the Royal Navy Air Station where he was serving. Watson & British Boxing Board Of Control Ltd & Anor IN THE SUPREME COURT OF JUDICATURE Case No: QBENF1999/1137/A2 COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION (THE HON MR JUSTICE IAN KENNEDY) Tuesday 19th December 2000 THE MASTER OF THE ROLLS LORD JUSTICE MAY LORD JUSTICE LAWS Respondent/Claimant 86. Since 1929 the Board has been and continues to be the sole controlling body regulating professional boxing in the United Kingdom. He held that anyone with the appropriate expertise would have advised the adoption of such a system. It was open to Mr Watson to provide, or to stipulate for the promoter to provide, additional medical precautions. The propeller was mismatched to the gearbox. That argument was rejected. 42. 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. 6. Mr Morris, commenting in his Witness Statement on the Statement of Claim, stated: "We do collaborate with the medical profession, indeed we believe that our Rules are as good as currently can be devised, taking into account the medical interests of the boxers, and the requirements of the sport itself. His evidence was that it was his practice to use it where a patient was experiencing breathing difficulties. 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. Thus a person may be liable for directing someone into a dangerous location (e.g. A boxer member of the Board would not be aware of the details of all these matters. The peculiar features of the duty of care alleged are as follows: i) the duty alleged is not to take reasonable care to avoid causing personal injury. Mr Morris told the court that he would expect the Medical Committee, and its Chief Medical Officer, to keep abreast of developments in sports medicine that impacted on the safety of boxers in the ring. The final question is, to what extent? Watson v British Boxing Board of Control [2001] QB 1134 was a case of the Court of Appeal of England and Wales that established an exception to the defence of consent to trespass to the person and an extension of the duty of care expected in cases of negligence. Throughout, the child was very dependent upon the expert's assessment. 15. Mr Watson suffered some, at least, of these secondary effects, which were the cause of his permanent brain damage. 74. In 1991 the Board had about twelve hundred licence holders and members of which about five hundred and fifty were active boxers. The Board's Medical Committee had issued detailed advice to Medical Officers in relation to their duty at the ringside which was in force at the time of the Watson/Eubank fight. Boxer members of the Board, including Mr Watson, could reasonably rely upon the Board to have taken reasonable care in making provision for their safety. The numbers of those to whom the duty is alleged to be owed in the present case are not incompatible with the requirements of proximity. 80. 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. 46. 26. Establish an accurate diagnosis as to the intracranial pathology. The Court of Appeal drew a correct analogy with the doctor instructed by an insurance company to examine an applicant for the life insurance. The plaintiffs submitted that that which is most closely analogous is that of doctor and patient or health authority and patient. I shall have to examine the facts and reasoning in Perrett in due course, for Mr Mackay, QC, for Mr Watson has relied upon it as providing a close analogy with the present case. Therefore, it is likely that injuries arising from such play occur frequently but when do they occur as an act of negligence? He said that a report had identified the risks. The present case can only be decided on the basis of an intense and particular focus on all its distinctive features, and then applying established legal principles to it.". iii) that the breach of duty alleged did not cause Mr Watson's injuries. depending upon the court's attitude to the case before it. "The role of Medical Officer at a Professional Boxing Tournament is a very important one and requires an adequate working knowledge of sports medicine, the diagnosis and treatment of acute medical conditions and a working knowledge of the training and dietary requirements of a Professional Boxer and Athlete. Should the principles, as derived from the established cases, lead to a finding of a duty of care in this case? Mr Block, the Secretary of the Board's Southern Area Council, reported to the Board that the arrangements in place were satisfactory and that the tournament could receive the Board's approval. I have already indicated that I do not accept the basis of the challenge of the Judge's finding that the protocol in place ought to have included a requirement for a doctor to attend immediately where a fight was stopped because a boxer could no longer defend himself. In a nutshell, his case was that the resuscitation treatment that he received at the North Middlesex Hospital should have been available at the ringside, but was not. 100. [2001] QB 1134 was a case of the Court of Appeal of England His answer was that he was sure that these things were discussed but he could not remember. There are a number of problems with this submission. 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. At the end of December 1991 the net assets of the Board were about 352,000. This argument was allied to Mr Walker's submission that the Judge should not have found that the rules should have required immediate medical attention to be given to a boxer where his physical condition led to the contest being stopped. at p.258 as follows: "The third defendants are a trading company incorporated under the companies Acts. Thus it has been held that the prison service owes a duty of care to take reasonable steps to prevent prisoners from committing suicide. This concludes my consideration of cases dealing with the assumption of responsibility to exercise reasonable care to safeguard a victim from the consequences of an existing personal injury or illness. 99. The witness best placed to deal with the consideration, if any, given to this matter would have been Mr Whiteson. 20. In my judgment the Judge was entitled to conclude that the standard of reasonable care required that there should be a resuscitation facility at the ringside. The brain benefits from the increased supply of oxygen and from a reduction in intra-cranial pressure in so far as this was attributable to excessive carbon dioxide. The Board accepted these recommendations and promulgated them by way of guidance. Later in the judgment the Judge suggested, by implication, that the Board's rules should have included a requirement that a boxer who was knocked out, or seemed unfit to defend himself, should be immediately seen by a doctor. [2] He was given no oxygen, and first sent to a hospital which lacked a neurosurgery unit. Most boxers recover very quickly having been knocked down and counted out and most, in fact, are fully conscious, if somewhat dazed, by the time the count reaches ten. I agree that this appeal should be dismissed for the reasons given by Lord Phillips M.R. Held: The respondent had not assumed a general responsibility to all road users . (Compare also Clay v AJ Crump & Sons Ltd [1964] 1 QB 533 in which an architect had complete control over whether a dangerous wall was left standing and Watson v British Boxing Board of Control Ltd [2001] QB 1134 in which the Board had control over the medical services provided at boxing matches.) Watson v British Boxing Board of Control 2001 QB 1134 was a case of the Court of Appeal of England and Wales that established an exception to the defence of consent to trespass to the person and an extension of the duty of care expected in cases of negligence. iii) to decide whether these principles should be applied so as to give rise to a duty of care in the present case. In fact the Board had required a third doctor to be present and that an ambulance should be in attendance. 104. Boxing members of the Board, including Mr Watson, could reasonably rely upon the Board to look after their safety. It is not sufficient for the doctor to be in the vicinity of the ring as in the case of an emergency the speed of the doctor's reactions in treating this are all important. The patient can then be taken straight to the nearest neurosurgical unit. It did not summon medical assistance and its supervision of him was inadequate". 255.". expounded the relevant principles of law in the following passages: "A minimum requirement of particularity and contemplation is required. This involves intubation, or the insertion of an endotracheal tube. Mr Watson's case can be summarised as follows: i) The Board assumed responsibility for the control of an activity the essence of which was that personal injuries should be sustained by those participating. In Marc Rich & Co v. Bishop Rock Ltd [1996] AC 211 a classification surveyor had surveyed a vessel laden with cargo and given it a clean bill of health. The move is being made as a cost-cutting measure in the wake of the Michael Watson case. The phrase means simply that the law recognises that there is a duty of care. Had the Board said nothing, it might not be liable, but once it gave advice by setting rules, it came to be responsible. I consider that the Judge was entitled to conclude that there was in this case reliance by Mr Watson on the exercise of skill and care by the Board in looking after his safety. 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. The Board's assumption of responsibility in relation to medical care probably relieved the promoter of such responsibility. The child has a learning difficulty. He gave evidence that the WBO imposed no medical requirements in respect of the fight and that in these circumstances, the ordinary Board rules and policy would and did apply. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. In any event, option B was the one that was undertaken. The role of Mr Usherwood was distinct and independent from the role of the constructor of the plane. QUIZ. 123. It does not seem to me to be profitable to speculate what the position would be if the Board had a statutory function in relation to boxing. The social workers and the psychiatrists were retained by the local authority to advise the local authority, not the plaintiffs. 133. I am left with the clear impression that the Board's medical advisers have not looked outside their personal expertise. 108. The issue in this action is not whether the right policy was adopted but simply whether proper care was used in making provision for medical treatment of Mr Watson. Mr Walker urged that a duty of care should not be imposed upon the Board because it was a non profit-making organisation and did not carry insurance. 55. A Respondent's Notice was served contending that the Judge could and should have drawn an adverse inference from his failure to give evidence. The facts of this case are not common to other sports. 131. Questions of what was fair and reasonable did not arise. Its experience, contacts and resources exceed his own. There was also an ambulance standing by which had resuscitation equipment and a paramedic who knew how to use this. In his Witness Statement Mr John Morris, General Secretary of the Board said "The Board believes as I do, that the safety of the boxers is of great importance and takes precedence over commercial and other interests". There is a general reliance by the public on the fire service and the police to reduce those risks. 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. On a preliminary issue the House of Lords held that the classification society had no duty of care to the cargo owners. This care was insufficient, and as such Watson was in a coma for 40 days, and spent 6 years in a wheelchair. A case that is instructive is the English case of Watson v British Boxing Board of Control ([2001] 2 WLR 1256), the British Boxing Board of Control (BBBC) was held liable for the injuries sustained by Michael Watson. This is an argument which might appeal to boxing enthusiasts, but would not be accepted by the British Medical Association. The medical room should be situated in close proximity to the boxer's dressing rooms and be reasonable accessible to and from the ring. Where a blow to the head results in immediate impairment or loss of consciousness, this is normally the result of temporary deformation of the brain caused by acceleration or deceleration of movement of the head. In his Witness Statement, Mr Morris accepted that the following averment in the Statement of Claim was "basically correct": "at all material times, by reason of the effective control over boxing that the Board assumed, the Board was in a position to determine, and did in fact determine, the measures that were taken in boxing to protect and promote the health and safety of boxers. Boxing is the only sport where this is the object of the exercise. 36. The nature of the damage was important. This is a further factor which tends to establish the proximity necessary for a duty of care. A little later he said "As Chief Medical Officer, my approach has always been that preventative controls are the key to making a physically hazardous sport as safe as possibleour interest in preventative controls covers the whole gamut of professional boxing.". Mr. Walker advanced five arguments in support of the proposition that there was insufficient proximity to give rise to a duty of care on the facts of this case. This appears to be an attempt to import into the law of negligence concepts of public law. 129. The agreed time of reception at the hospital was 23.22. 105. 3.5.1 A Referee shall officiate inside the boxing ring to score the contest and act as sole arbiter of the Rules of Boxing except for British and Commonwealth Championship contests, or other such contest that the Stewards in their absolute discretion deem appropriate. 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. He had particular experience of brain injuries caused by sporting activities. In accordance with normal practice, the medical officers for the contest were nominated by the Southern Area Council. Beldam L.J. But at the same time it countenances and gives its blessing to contests where the safety arrangements are those of its making. This stated that the Board was accepted as being the sole controlling body regulating professional boxing in the United Kingdom and stressed the importance that the Board place on ensuring the safety of boxers. Resuscitation equipment should be at ringside along with person(s) capable of using it". Mr Hamlyn said, and I accept, that there would have been very few British neurosurgeons who at this time would have questioned the need to put up a line and administer this diuretic in a case such as the present. In particular they are boxers. 101. The Board contends:-. 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. 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 defendant said that the report was preliminary only and could not found a . She claimed the respondent was liable under the Act and at common law for failing to keep it safe. 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 local hospital was close to the boxing ring and therefore the transfer occurred very quickly and during this period of time, as far as I can ascertain, his condition was satisfactory and the insertion of an endotrachael tube was not absolutely necessary. 51. 91. It acts as a regulatory rule making body. It made provision in its rules for the medical precautions to be employed and made compliance with these rules mandatory.. 97. My reaction is the same as that of Buxton L.J. The most material part of this reads: "The Senior Medical Officer shall arrange for full and adequate resuscitation equipment (including intubation and ventilation equipment) to be available at the ringside of the venue. They also argued that it was not fair, just and reasonable that the PFA should be liable to negligence. Mr Watson brought an action against the Board. At p.1172 he summarised his conclusion as follows:-. In relation to two of the cases involving special educational needs, Lord Browne-Wilkinson reached a different conclusion. 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. 7. 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. 40. Each venue must have a room set aside exclusively for medical purposes. Michael Watson was injured in a boxin The broad function of the Board is to support professional boxing. Such duty does not depend on the existence of any contractual relationship between the person causing and the person suffering the damage. The ambulance should be prepared to go direct to the Neurological unit that had been placed on stand-by. For example, the relationship between the parties may be such that it is obvious that a lack of care will create a risk of harm and that as a matter of common sense and justice a duty should be imposed.. Again in most cases of the direct infliction of physical loss or injury through carelessness, it is self-evident that a civilised system of law should hold that a duty of care has been broken, whereas the infliction of financial harm may well pose a more difficult problem. A preliminary issue was tried as to whether Mr Usherwood and the PFA owed the Plaintiff a duty of care. Only about twenty-five British boxers succeeded in earning a full-time living from the sport. These rules included provisions for medical inspection of boxers and for the attendance of two doctors at a fight. 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. The hospital should be requested to confirm that a Neuro-Surgeon would be on stand-by. considered the question of whether it was fair and reasonable to impose a duty of care. 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. Next Mr. Walker argued that the duty of care alleged was one owed for an indeterminate time to an indeterminate number of persons. This submission involves considering the timing of events and the Judge's findings in relation to the impact of these on causation. The promoters and the boxers do not themselves address considerations of safety. rejected the submission that any negligence on the part of Mr Usherwood was only an indirect cause of the crash. "As a general rule a sufficient relationship will exist when someone possessed of a special skill undertakes to apply that skill for the assistance of another person who relies upon such skill and there is direct and substantial reliance by the plaintiff on the defendant's skill. Once this proximity exists, it ceases to be material what form the unreasonable conduct takes. What it does do does at least reduce the dangers inherent in professional boxing. At this stage it is enough to note that the advice set out the professional expertise expected of the medical officers and details of equipment needed to perform their duties.

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