Lord Phillips MR Gazette 22-Mar-2001, Times 02-Feb-2001, [2000] EWCA Civ 2116, [2001] QB 1134, [2001] PIQR 16 Bailii, Bailii England and Wales Citing: Considered Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association) CA 22-May-1998 The plaintiff was a passenger in an aircraft which crashed, and there was a preliminary issue as to the liability to him of those who certified that the aircraft was fit to fly. 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. This reasoning was followed by the House of Lords in Phelps v Hillingdon Borough Council [2000] 3 WLR 776. observed that there was no evidence of any of the asserted potential effects of a finding of negligence against PFA. It is not necessary for a supposed tortfeasor to have created the danger himself. If his condition was satisfactory, he could have been transferred for resuscitation to hospital, there have his condition stabilised and thereafter be transferred to a Neurosurgical Unit for more definitive investigation and treatment. In the leading judgment Hobhouse L.J. The material passages of this advice were as follows:-. 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. In view of this, they said that there should have been available at the ringside resuscitation equipment and doctors who knew how to use this. A boxer member of the Board would not be aware of the details of all these matters. Sharpe v Avery [1938] 4 All E.R. Tel: 0795 457 9992, or email david@swarb.co.uk, Dryden and Others v Johnson Matthey Plc: SC 21 Mar 2018, Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association), Binod Sutradhar v Natural Environment Research Council, Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions, Sutradhar v Natural Environment Research Council, Portsmouth Youth Activities Committee (A Charity) v Poppleton, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. 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. 7. 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. Efforts continue and will continue to improve safety standards and these efforts are and were on-going prior to the Watson fight.". [1997] QB 1004 at 1034. He did so, notwithstanding, so it was alleged, that the mismatch between gearbox and propeller made the aircraft unairworthy. 255.". 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) A requirement that a boxer must be medically examined before being granted a licence, together with a list of medical conditions that preclude the grant of a licence. The Kit Fox aircraft is an aircraft which is designed for this purpose. Next the Board argued that the presence of an ambulance, with resuscitation equipment, should have satisfied the Judge that this aspect of medical care was adequately provided. It can also result in disturbance of the processes of breathing so that insufficient air is taken into the lungs to ensure adequate oxidation of the blood. ii) rules designed to restrict the physical injuries that may be caused in the course of the fight; iii) rules designed to secure that a boxer receives appropriate medical attention when injured in the course of a fight. Thus, it has members who pay membership fees or subscriptions in return for which it provides them with facilities. The nature of the damage was important. 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. The witness best placed to deal with the consideration, if any, given to this matter would have been Mr Whiteson. The following rules fall into this category: 3.8 The promoter shall procure that two doctors, who must be approved by the Area Medical Officer, attend at all promotions, one of whom must be seated at the ringside at all times during the contest. So far as the promoter was concerned, these delimited his obligations. 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. Beldam L.J. At the hospital Mr Watson was given the conventional resuscitation procedure - that is intubation, ventilation, oxygen and an infusion of Manitol. The Judge held that it was the duty of the Board, and of those advising it on medical matters, to be prospective in their thinking and to seek competent advice as to how a recognised danger could best be combated. Next Mr. Walker argued that if the Board had made its Rules pursuant to a statutory power it would be tolerably clear that it could not be held liable in negligence in relation to the manner in which it chose to exercise its discretion. 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. 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. In Watson v British Boxing Board of Control (2000), the claimant was the famous professional boxer Michael Watson. ", 126. The educational psychologist was professionally qualified. Once brought into contact with the plaintiffs, the professionals owed a duty properly to exercise their professional skills in dealing with their `patients', the plaintiffs. In my view the Claimant makes his case on causation when he shows, as he has done, that with the protocol in place he would have been attended from the outset by a doctor skilled in resuscitation, who would have made any necessary inquiries of the neurosurgeons at St. Bartholomews, who would themselves have been on notice. The nature of that duty was recently considered by this Court in Capital and Counties PLC v. Hampshire C.C. An ambulance should be on site from the start of the tournament, possibly with a crew of trained para-medics. 3. 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. This did not, however, affect the position so far as responsibility for the safety of the boxers was concerned. 8. He sued the owner, Mr Usherwood and the Popular Flying Association ("the PFA"). He submitted that, having regard to the chaos prevailing at the end of the fight, Mr Watson would not have received medical attention for seven minutes, even if the Hamlyn protocol had been in place. 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 referee stopped the fight in the final round when Watson appeared to be unable to defend himself. 111. Mr Watson was put on a stretcher, which was placed on a trolley and wheeled towards the ambulance. A . There are, however, authorities dealing with advice given to third parties that foreseeably resulted in injury to the person or property of claimants. If such head teacher gives advice to the parents, then in my judgment he must exercise the skills and care of a reasonable teacher in giving such advice. On 21st September 1991 Michael Watson fought Chris Eubank for the World Boxing Organisation Super-Middleweight title at Tottenham Hotspur Football Club in London. Watson successfully sued the BBBC for 400,000 after being left with brain injuries following his 1991 fight with Chris Eubank. The fight was terminated at 22.54. Instead he argued that even if resuscitation had been used, it would have been used too late to affect the outcome. In answer to a claim by the workman, the architect argued that his only duty was the contractual duty that he owed to the owners of the building. Questions of what was fair and reasonable did not arise. At the third stage, questions of `proximity' and of what is `fair, just and reasonable' have to be considered. This seems to me to be, on its face, an example par excellence of a situation where the law will regard the professional as owing a duty of care to a third party as well as his own employer.". 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. 117. 68. 120. 2. He would only use it to overcome breathing difficulties. Next Mr Walker argued that the Board did not create the danger of injury or the need for medical assistance. '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 any event I believe that this point vanishes when causation is considered. In laying down Rules for the benefit of boxers generally, however, Mr Walker submitted that the Board was under no duty of care. 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. My reaction is the same as that of Buxton L.J. So far I have not dealt with the question of reliance by Mr Watson on the exercise of care by the Board. We do not provide advice. This is a further factor which tends to establish the proximity necessary for a duty of care. Nor do I see why the fact that the Board is a non profit-making organisation should provide it with an immunity from liability in negligence. 49. If so, it is misguided. 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. This ground of appeal would have been unsustainable. Any loss of consciousness was short lived - he regained his feet and walked to his corner. In that case Hobhouse L.J. 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. We have been referred to no case where a duty of care has been established in relation to the drafting of rules and regulations which have governed the conduct of third parties towards a claimant. It is not possible to measure even on the balance of probabilities where the damage would have stopped if the protocol had been followed. They alleged that the local authorities had provided services under which, in one case, educational psychologists and, in the other, advisory teachers provided advice to teaching staff and parents as to whether children had special educational needs. The principles alleged to give rise to a duty of care in this case are those of assumption of responsibility and reliance. The defendant said that the report was preliminary only and could not found a . There is no more justification for a blanket immunity in their cases than there was in Capital & Counties Plc v Hampshire Country Council [1997] QB 1004. Nearly half an hour elapsed between the end of the fight and the time that he got there. So the tortious damage may be seen as consecutive to, and aggravating, that which was inevitable. On the facts of the present case the Claimant suffered only a minor primary injury. More significantly, he would not be in a position to know whether the provisions that the Board required to be put in place represented all that it was reasonable to provide for his safety. Many sports involve a risk of physical injury to the participants. * The Board failed to ensure that those running the contest knew which hospitals in the vicinity had a neurosurgical capability. In such a case the authority running the hospital is under a duty to those whom it admits to exercise reasonable care in the way it runs it: see Gold v Essex County Council [1942] 2 K.B. Indirect Influence on the Occurrence of Injury. considered the question of whether it was fair and reasonable to impose a duty of care. 127. 129. 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. Thus Mr Watson voluntarily submitted to any risk associated with inadequacy of medical safeguards. 26. Later that day, there was a rise in intra-cranial pressure and a second operation was performed, on this occasion by Mr Hamlyn, to remove a new collection of blood and staunch a bleeding vein and artery. Considerations of insurance are not relevant. The movement of the brain within the skull may rupture veins, or more rarely an artery, inside the head leading to bleeding which builds up into a blood clot or haematoma. These recommendations Mr Hamlyn set out in a detailed paper for the Board two days later. 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. Mr Watson suffered some, at least, of these secondary effects, which were the cause of his permanent brain damage. 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. This passage was approved by Lord Steyn when the case reached the House of Lords [1996] AC 211 at 235. This has left him paralysed down the left side and with other physical and mental disability. 17. Outside circles: Next, divide the goal into the major categories of tasks you'll need to accomplish to achieve the greater goalin this case, Title, Studio, Topics, Audience, and so on. 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". 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. 53. In this the Judge was correct. It is worth setting out the passage of the report of the Board's expert, Dr Cartlidge, which dealt with this aspect of the case. 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. Without it, the system of personal injury compensation would not have survived. The Judge's reference to Mr Hamlyn was to a Neurosurgeon who operated on Mr Watson at St Bartholomew's Hospital and who gave evidence on his behalf at the trial. "The postulate of a simple duty to avoid any harm that is, with hindsight, reasonably capable of being foreseen becomes untenable without the imposition of some intelligible limits to keep the law of negligence within the bounds of common sense and practicality. 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. 108. 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. The referee stopped the fight in the final round when Watson appeared to be unable to defend himself. 75. The Judge did not rely upon the specific evidence given by Mr Watson about reliance. 9.39.3 (added to the Rules on 25 May 1991)). Before making any decision, you must read the full case report and take professional advice as appropriate. Explore the crossword clues and related quizzes to this answer. Held: A certifying . 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. 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. He won a historic High Court case in Sept 1999, raising questions about the future of the professional sport in the UK. Such a concept belongs to the law of trespass not to the law of negligence".. "Where the plaintiff belongs to a class which either is or ought to be within the contemplation of the defendant and the defendant by reason of his involvement in an activity which gives him a measure of control over and responsibility for a situation which, if dangerous, will be liable to injure the plaintiff, the defendant is liable if as a result of his unreasonable lack of care he causes a situation to exist which does in fact cause the plaintiff injury. * Enter a valid Journal (must 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 patient is then artificially ventilated through this tube with oxygen. Even absent such an express requirement, it seems to me that if the protocol had been in place, the doctors present should have been aware of the desirability of examining Mr Watson's condition in the circumstances that had occurred, whether or not the rules expressly required this. Boxing members of the Board, including Mr Watson, could reasonably rely upon the Board to look after their safety. 35. 87. 39. 14. 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. In Clay v. Crump & Sons Ltd [1964] 1 QB 133 a building worker was injured when a wall collapsed on him. 104. He further alleged that had he received that treatment, he would not have sustained permanent brain damage. Without so doing, however, the Judge concluded that for some reason no thought was given to the practicality of introducing at the ringside what he found had been a standard response, where the presence of sub-dural bleeding was known or suspected, since at least 1980. The social workers and the psychiatrists were retained by the local authority to advise the local authority, not the plaintiffs. 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. Ringside medical facilities were available, but did not provide immediate resuscitation. These make it necessary: i) to identify the principles which are relied upon as giving rise to a duty of care in this case. In the event Mr Walker did not put this pleaded Ground of Appeal at the forefront of his argument. 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. I do not consider that a conscious reliance by the patient on the hospital to exercise care is an essential element in this duty of care. 123. On the law relied upon by the Judge, this was all that Mr Watson needed to succeed. A. I am in no doubt that the Judge's decision broke new ground in the law of negligence.
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