watson v british boxing board of control 2001 case

Mr Watson's case, in essence, was that there should have been a different regime in place - Mr Walker described it as an intensive care unit at the ringside. The Board had, or had access to, specialist expertise in relation to appropriate standards of medical care. Each doctor is expected to attend a tournament fully equipped to cover all emergencies. 17. 84. 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. The role of Mr Usherwood was distinct and independent from the role of the constructor of the plane. expressed a similar view in Marc Rich & Co. v Bishop Rock Ltd [1994] 1 WLR 1071 at 1077: "Whatever the nature of the harm sustained by the plaintiff, it is necessary to consider the matter not only by inquiring about foreseeability but also by considering the nature of the relationship between the parties; and to be satisfied that in all the circumstances it is fair, just and reasonable to impose a duty of care. Mr Usherwood had authority, under an Order made pursuant to the Civil Aviation Act 1982 to certify that the aircraft was fit to fly. He makes a diagnosis and advises the education authority. can also be found in Watson v British Boxing Board of Control [2001] QB 1134 in which Lord Phillips MR's advice on dealing with analogous cases was to first identify the principles relied upon as giving rise to a duty of care in the present case. The professionals were employed or retained to advise the local authority in relation to the well being of the plaintiffs but not to advise or treat the plaintiffs". It shall be adequately lit, have an examination couch and possess hot and cold running water. 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. The fight was terminated at 22.54. IMPORTANT:This site reports and summarizes cases. At the outset, however, I propose to identify some significant features of the present case, which place it outside any established category of duty of care in negligence. If, which I doubt, this conclusion represents any step beyond what is already settled law, I am fully persuaded it is a proper one to take.". 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.". This is a further factor which tends to establish the proximity necessary for a duty of care. 255.". In the chaos that then ensued, Mr Watson was surrounded by his team, which included a number of bodyguards. However, despite an English doctor's professional duty to offer their assistance, thi. The material passages of this advice were as follows:-. Sharpe v Avery [1938] 4 All E.R. While I do not agree with Mr Mackay's submission that Perrett v Collins provides a close analogy to the present case, I do find helpful the formulation of legal principle by Hobhouse L.J. Watson was injured during a fight in 1991 The British Boxing Board of Control (BBBC) faces a financial crisis after losing its court battle with Michael Watson. The agreed time of reception at the hospital was 23.22. Mr Watson belonged to a class which was within the contemplation of the Board. I would echo the comment of Lord Steyn in Marc Rich & Co. v Bishop Rock Ltd [1996] AC 211 at p.236: "None of the cases cited provided any realistic analogy to be used as a springboard for a decision one way or the other in this case. Saville L.J. 31. 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. The statutory obligations in relation to certifying airworthiness was designed, at least in substantial part, for the protection of those who might be injured if an aircraft was certified as being fit to fly when it was not. 96. A doctor must be available to give immediate attention to any boxer should this be required. The Board professes - I do not for one moment question its sincerity - its lively interest in his safety. Questions of what was fair and reasonable did not arise. This decision turned, essentially, on considerations of policy in relation to the role of a classification society in the context of the complex arrangements for sharing, limiting and insuring the risks inherent in carriage of goods by sea. (Rules 8.5 and 8.6). As already stated, no tournament is allowed to commence or continue without one doctor sitting ringside. Nor has it been a requirement that the defendant should inflict the injury upon the plaintiff. It is said, rightly, that in general such professional duty of care is owed irrespective of contract and can arise even where the professional assumes to act for the plaintiff pursuant to a contract with a third party: Henderson v Merrett Syndicates Ltd [1995] 2 AC 145; White v Jones [1995] 2 AC 207. 46. 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. 51. at p.258 as follows: "The third defendants are a trading company incorporated under the companies Acts. 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". If wrong information had not been given about the arrival of the ambulance, other means of transport could have been used". The vessel sailed and sank a few days later with the loss of the cargo. The history of the Board can be traced back to the middle of the nineteenth century, but the Board itself was constituted as an unincorporated association in 1929. Caring for the needs of boxers, and in particular the physical safety of boxers, is the primary object of the Board. In these circumstances there is no close proximity between the services and the general public. He won a historic High Court case in Sept 1999, raising questions about the future of the professional sport in the UK. It is on this basis that it is possible to draw a distinction between the doctor who goes to the assistance of the victim of a road accident and the hospital that receives that victim into its casualty department. 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. 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. Indirect Influence on the Occurrence of Injury. This has relevance to a number of the points discussed above. Lord Nicholls posed and answered the following question at p.802: "Take a case where an educational psychologist is employed by an education authority. I am in no doubt that the Judge's decision broke new ground in the law of negligence. By opening its doors to others to take advantage of the service offered, it comes under a duty of care to those using the service to exercise care in its conduct. On the findings of the judge it was delay which caused the further injuries. 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. 3. Mr Watson was put on a stretcher, which was placed on a trolley and wheeled towards the ambulance. 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. 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. Enhance your digital presence and reach by creating a Casemine profile. My reaction is the same as that of Buxton L.J. The BBBC had a series of rules on the medical coverage needed for boxing matches, which required two doctors to be present at all times. In the event Mr Walker did not put this pleaded Ground of Appeal at the forefront of his argument. A preliminary issue was tried as to whether Mr Usherwood and the PFA owed the Plaintiff a duty of care. Learn. If it was held liable it might withdraw from its work, or have to pass on the cost of increased insurance to the detriment of small aircraft operators. It does not follow that the decision in this case is the thin end of a wedge. In support of that proposition Mr. Walker relied upon, 79. Michael Watson was injured in a boxing match supervised by the British Boxing Board of Control (BBBofC or BBBC), which was expected . Thus boxers, promoters, managers, referees, time-keepers, trainers, seconds, masters of ceremonies, match-makers, agents for overseas boxers, ringmasters and whips all have to be licensed by the Board to perform their particular functions and become, when granted their licences, members of the Board. I confess I entertain no doubt on how that question should be answered. Mr Watson brought an action against the Board. 24. The defendant company had a policy for achieving responsible gambling, . 133. If Mr Watson has no remedy against the Board, he has no remedy at all. Mr Watson should have been resuscitated on losing consciousness and then taken directly to the nearest hospital with a neurosurgical capability, which should have been standing by to operate without delay. It made provision in its rules for the medical precautions to be employed and made compliance with these rules mandatory.. 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. I propose to develop the relevant facts more fully in the context of each of these issues. These cases turned upon the assumption of responsibility to an individual. The first of these to enter the ring, Dr Shapiro, reached Mr Watson seven minutes after the fight had been stopped, i.e. the concern of the Board for the physical safety of boxers is reflected in many of the Board's rules and regulations. As I read the judgment the duty of care turned upon the acceptance by the ambulance service of the request to provide an ambulance and thus the acceptance of responsibility for the care of the particular patient. 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. 25Watson v British Board of Boxing Control Ltd [2001] QB 113419, 20 it was claimed that had Watson received immediate resuscitation he would not have been as badly brain damaged, the Court agreed saying that because the Board were in sole charge of safety arrangements there was sufficient proximity for the board of control to owe a duty of care The first challenge to the Judge's finding on breach of duty was that he applied the wrong test. Likewise, in Watson v British Boxing Board of Control [2001] QB 1134 the defendant was found to owe a duty of care to the Plaintiff boxer who had suffered more significant injury b.. Request a trial to view additional results 1 firm's commentaries Heading The Ball: Part Of The Game Or An Industrial Disease United Kingdom Mondaq UK 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 further alleged that had he received that treatment, he would not have sustained permanent brain damage. I can summarise the position as follows. Watson v British Boxing Board of Control 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. 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. 112. 9.39.3 (added to the Rules on 25 May 1991)). Lord Browne-Wilkinson answered this question in the affirmative. Mr. Usherwood was the person who was carrying out this role in relation to Mr. Collins' assembly of this aircraft. The plaintiffs submitted that that which is most closely analogous is that of doctor and patient or health authority and patient. 293.". Subsequently they were incorporated in the Rules by an addition to Regulation 8. Michael Watson was injured in a boxin 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. Those limits have been found by the requirement of what has been called a "relationship of proximity" between plaintiff and defendant and by the imposition of a further requirements that the attachment of liability for harm which has occurred be "just and reasonable". It is to make regulations imposing on others the duty to achieve these results. [1997] QB 1004 at 1034. A press release issued in the 1980's', stated: "In the last 20 years, the medical protection of British professional boxers has become the Board's main raison d' trethrough its Medical Committee set up in 1950, it has provided British professional boxing with an unrivalled set of medical safety checks and balances.". The fight had taken place in accordance with the rules of the British Boxing Board of Control Ltd., ("the Board"). Dr Whiteson did not give evidence. Of these, the vast majority were semi-professional. In these circumstances, it is no cause for surprise that the equipment was not in fact used. (Vowles v Evans and the Welsh Rugby Union Ltd [2003] EWCA Civ 318), governing bodies for failing to provide in their rules for appropriate medical provision at ringside in a boxing match (Watson v British Boxing Board of Control [2001] QB 1134), . ", "But where an educational psychologist is specifically called in to advise in relation to the assessment and future provision for a specific child, and it is clear that the parents acting for the child and the teachers will follow that advice, prima facie a duty of care arises.

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