that the negligence alleged fell into the category of directly causing foreseeable personal injury, both he and Swinton Thomas L.J. It did not summon medical assistance and its supervision of him was inadequate". said: "In my opinion authorities who run a hospital, be they local authorities, government boards, or any other corporation, are in law under the selfsame duty as the humblest doctor. As part of the health service it should owe the same duty to members of the public as other parts of the health service. In this the Judge was correct. In any event, option B was the one that was undertaken. 21. No one can take part, in any capacity, in professional boxing in this Country who is not licensed by the Board and, at the same time, a member of it, for the two are essentially synonymous. 130. This involved taking precautions or giving instructions for them to be taken so that the work could be done with safety. These can be divided into three categories: i) rules designed to ensure that a boxer is not permitted to fight unless he is fit. 101. Lord Oliver at p.633 also emphasised the difficulty of using the three requirements as a practical guide to the existence of a duty of care. 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. (Rule 8.1). Beldam L.J. The distinction between negligent misstatement and other forms of conduct ceases to be legally relevant, although it may have a factual relevance to foresight or causation. Thus the necessary `proximity' was not made out. It was open to Mr Watson to provide, or to stipulate for the promoter to provide, additional medical precautions. This increases the oxygen in the blood and reduces the level of carbon dioxide. It acts as a regulatory rule making body. 2. Watson claimed that the British Boxing Board of Control had been under a duty of care to ensure that all reasonable steps were taken to provide immediate and effective medical attention and treatment in the event of his sustaining an injury, and he argued that the Board had breached that duty by not providing resuscitation treatment at ringside. Indirect Influence on the Occurrence of Injury. Administrative, Personal Injury, Negligence, Updated: 02 November 2021; Ref: scu.135634. If so, it is misguided. 8. He held that anyone with the appropriate expertise would have advised the adoption of such a system. The Board had, or had access to, specialist expertise in relation to appropriate standards of medical care. In Watson v British Boxing Board of Control (2000), the claimant was the famous professional boxer Michael Watson. He sued the owner, Mr Usherwood and the Popular Flying Association ("the PFA"). radio The Board also argued that the nearest hospital with an Accident and Emergency Department was so close that a system which delayed the possibility of resuscitation for the few minutes that would be necessary to get to the hospital, was satisfactory. The judgment is attacked root and branch. 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. 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. This contention had some similarities to submissions made in relation to the Popular Flying Association in. 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 adding a valid citation to this judgment. The duty alleged is a duty owed to a determinate class - professional boxers who are members of the Board. The fight had taken place in accordance with the rules of the British Boxing Board of Control Ltd., ("the Board"). [2001] QB 1134 was a case of the Court of Appeal of England It is not so much that responsibility is assumed as that it is recognised or imposed by the law.". While this may not be true of the volunteer who offers assistance at the scene of an accident, it will be true of a body whose purpose is or includes the provision of such assistance. at p.258 as follows: "The third defendants are a trading company incorporated under the companies Acts. The defendant appealed against a finding of 25% responsibility in having failed to warn climbers that the existence of thick foam would not remove all . 53. 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. In support of that proposition Mr. Walker relied upon, 79. As a result of the delay the patient sustained brain damage. Dr Ross, the Board's Chief Medical Officer for the Southern Area, was asked why the Medical Committee did not make the recommendations made after Mr Watson's injuries at an earlier stage. 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. Apart from issues of statutory duty, the question arose in each group of cases whether (i) the local authorities owed, at common law, a duty of care to the children when considering their needs and (ii) whether professionals advising on the needs of children owed a duty of care to those children which, if broken, rendered the local authorities vicariously liable. The rise in pressure inside the skull caused by the haematoma results in distortion of the brain. Where there is a potential for physical injury, I do not believe that I have to go beyond the traditional concept of neighbourhood to find a duty where there is, as here, a clearly foreseeable danger. 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. These are explored in the authorities to which I have referred earlier. While it might be possible to rationalise the reason for the duty by postulating that there is a general reliance by citizens upon the National Health Service to provide reasonable care in the case of a medical emergency, English law has set its face against this line of reasoning. 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. If the boxer remains unconscious, then full emergency procedures should be undertaken, the stretcher placed in the ring, the boxer very carefully transferred to it, preferably by skilled handlers and, if needs be, the other doctor should by then have rung ambulance control and have contacted the local hospital to inform them of the problem. There was no contract between the parties, but boxers had to fight under the Boards rules. 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. It does not follow that the decision in this case is the thin end of a wedge. In 1991 it was also the practice to infuse with Manitol, though as I understand it this is no longer the case today. 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. Thus a person may be liable for directing someone into a dangerous location (e.g. However, should this not be so, then the boxer's gumshield should be removed, an adequate airway established and the boxer put on his left side so that should he fit or vomit he will not obstruct his airway. 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. 103. about 23.01. 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. The child's parents will seldom be in a position to know whether the psychologist's advice was sound or not. In theory the medical officers at a contest would be appointed and paid by the Promoter from the body of approved doctors. iii) to decide whether these principles should be applied so as to give rise to a duty of care in the present case. The purpose of his assessment was to enable him to give expert advice to the education authority about the child. "The Board does not create the danger. IMPORTANT:This site reports and summarizes cases. 35. Watson v British Boxing Board of Control (2001 . Heaven v Pender (1883) 11 Q.B.D. In X (Minors) v Bedfordshire County Council [1995] 2 AC 633 five appeals were heard together by the House of Lords because they raised, by way of preliminary issues, similar questions about the duty of care. 76. 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. 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. 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. [7] Paying the compensation granted to Watson, which was eventually reduced to 400,000, led to the BBBC selling their London headquarters and moving to Wales. No reasonably competent educational psychologist, exercising reasonable skill and care, would have given such advice. English case law has developed, with various twists and turns, in the problematic field of factual causation. "Proximity" is, no doubt, a convenient expression as long as it is realised that it is no more than a label which embraces not a definable concept but merely a description of circumstances from which pragmatically, the courts conclude that a duty of care exists.". 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. 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. In my judgment there is a clear distinction between the role of the Board and the role of a fire service or the police service. Nevertheless, defendants will likely seek to argue that their breach of duty made no difference to the claimant's eventual outcome - an argument that the British Boxing Board of Control ran unsuccessfully in the Watson case. 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. The aircraft crashed and the Plaintiff sustained personal injuries. Since the seminal case of Condon v Basi [1985] . Thereafter the effect of delay was less important, although brain damage occurred cumulatively until death. Get 1 point on providing a valid sentiment to this 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. There are a number of problems with this submission. ", "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. Attempts have been made, within Parliament and outside, to bring about the banning of the sport of boxing. 2. He was taken on a stretcher to an ambulance which was standing by which took him to North Middlesex Hospital. Lord Nicholls posed and answered the following question at p.802: "Take a case where an educational psychologist is employed by an education authority. None of the three doctors present went to his assistance until requested to do so. Licence holders are also required to comply with the Board's policy in respect of matters not dealt with by specific rules. For these reasons I would dismiss this appeal. There an operation was carried out to evacuate a sub-dural haematoma. Lord Phillips in the Court of Appeal described the case as a unique one because here, rather than . Asser International Sports Law Blog | Guest Blog - Mixed Martial Arts A. Hearn refuses to give up fight after Benn v Eubank thrown into chaos by During the match Watson was knocked out by Eubank, and it was 7 minutes before doctors attended him; eventually 3 doctors and an ambulance were needed. 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. His conclusions as to duty are to be found in the following passages from his judgment. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 71. Learn. Professor Teasdale had some reservations about the effectiveness of some of this, but he accepted that this was standard practice. Again I disagree. At the third stage, questions of `proximity' and of what is `fair, just and reasonable' have to be considered. 92. This Court held that the Ministry of Defence had been under no duty of care to prevent the deceased from abusing alcohol to the extent that he did. If it had in place the appropriate protocols for provision of medical care, the claimants injuries would not have been so severe. 89. 3.10 The promoter shall procure that at all promotions a stretcher is available for use near the ring. Lord Bridge went on to state that these ingredients were insufficiently precise to be used as practical tests and to commend the desirability of proceeding by analogy with established categories of negligence. I see no reason why the rules should not have contained the provision suggested by the Judge. He suffered severe brain damage after being injuredduring a match. Contains public sector information licensed under the Open Government Licence v3.0. Mr Watson's injuries were not, however, without precedent. In these circumstances, it is no cause for surprise that the equipment was not in fact used. They did not have the expertise in providing such resuscitation; nor did they have the necessary equipment. That is true as a fact. This did not, however, affect the position so far as responsibility for the safety of the boxers was concerned. 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. 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
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