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. 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. By this time, however, he had sustained serious brain damage. Resuscitation equipment should be at ringside along with person(s) capable of using it". Match. 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. 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. The role of Mr Usherwood was distinct and independent from the role of the constructor of the plane. The authority was to act on that advice in deciding what course to adopt in the best interests of the pupil with a learning difficulty. 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. His conclusions as to duty are to be found in the following passages from his judgment. 83. His answer was that he was sure that these things were discussed but he could not remember. There are many instances of this. Click here to remove this judgment from your profile. observed that there was no evidence of any of the asserted potential effects of a finding of negligence against PFA. 61. * The Board failed to ensure that those running the contest knew which hospitals in the vicinity had a neurosurgical capability. The Bout Agreement, which was subject to the sanction of the Board, provided that: "The bout will be conducted in accordance with the rules and regulations of the WBO and BBBC". ii) The Board assumed responsibility for determining the details of the medical care and facilities which would be provided by way of immediate treatment of those who received personal injuries while taking part in the activity. But at the same time it countenances and gives its blessing to contests where the safety arrangements are those of its making. A Respondent's Notice was served contending that the Judge could and should have drawn an adverse inference from his failure to give evidence. [2] He was given no oxygen, and first sent to a hospital which lacked a neurosurgery unit. At least 20 minutes, and probably nearer 30 minutes, could have been saved. Mon 8 Oct 2001 12.23 EDT Michael Watson will receive no more than 400,000 compensation in settlement of a damages claim worth up to 2.5m. English case law has developed, with various twists and turns, in the problematic field of factual causation. 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. ", The Regime Applying to the Contest Between Watson and Eubank. By the time he received resuscitation in hospital he had sustained permanent brain damage which such treatment would have prevented. 6. 9. Capital and Counties plc v. Hampshire County Council, Hotson v East Berkshire Area Health Authority. 17. 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. Enhance your digital presence and reach by creating a Casemine profile. 43. This contention had some similarities to submissions made in relation to the Popular Flying Association in Perrett v Collins. The Board did not insure against liability in negligence. 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. There is no doubt that once the relationship of doctor and patient or hospital authority and admitted patient exists, the doctor or the hospital owe a duty to take reasonable care to effect a cure, not merely to prevent further harm. He gave evidence that he agreed with Mr Hamlyn's views. What it does do does at least reduce the dangers inherent in professional boxing. Effects are usually short-lived and do not produce lasting damage. 48. I find this distinction between instructions as to duties and instructions as to how to perform duties elusive and over subtle. At the hospital Mr Watson was given the conventional resuscitation procedure - that is intubation, ventilation, oxygen and an infusion of Manitol. 99. [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. 132. (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), . 121. The background to this case was described by Hobhouse L.J. No contest shall take place unless fully trained personnel are able to operate such resuscitation equipment are present throughout the promotion.". "It is these sorts of accidents which provoke the changes". The Board had, or had available, medical expertise. The members of the Board are those who are involved in professional boxing. 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. These recommendations Mr Hamlyn set out in a detailed paper for the Board two days later. 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. In 1991 there were only about 550 active boxers, of which almost all were semi-professional. 63. 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". My reaction is the same as that of Buxton L.J. Of course.these three matters overlap with each other and are really facets of the same thing. The vessel sailed and sank a few days later with the loss of the cargo. 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. 2. The acceptance of the call in this case established the duty of care. 52. A primary injury such as that described can have secondary consequences which are much more serious. Radio Times - February 1117 2023 - Free ebook download as PDF File (.pdf), Text File (.txt) or read book online for free. Once resuscitation, or stabilisation has taken place, the next stage is neuro-surgery to remove the haematoma and seal any ruptured veins or arteries. 26. These facts produced a relationship of close proximity between the Board and those of its members who were professional boxers. In these circumstances the claim against Mr Usherwood was a conventional claim for carelessness causing direct and foreseeable personal injury. 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. CLUE. PFA was not a commercial undertaking. This decision was upheld by the Court of Appeal of England and Wales, who noted that the BBBC had a duty not only to ensure that injuries did not occur, but that injuries were properly treated. I found this submission unrealistic. In support of that proposition Mr. Walker relied upon X v Bedfordshire CC and Stovin v Wise [1996] AC 923. 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. Flashcards. The wall had remained standing because the architect employed in supervising the building works had failed to advise that it was dangerous and should be demolished. 59. Beldam L.J. 35. Moreover, the tendering of any advice will in many cases involve interviewing and, in the case of doctors, examining the child. at p.262 which I have set out above. iii) to decide whether these principles should be applied so as to give rise to a duty of care in the present case. I consider that these were proper findings on the evidence and that Mr Watson's case on breach of duty was made out. 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. 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. It is not necessary for a supposed tortfeasor to have created the danger himself. The defendant in each case was a local authority. 1, 43-44, where he said: "It is preferable, in my view, that the law should develop novel categories of negligence incrementally and by analogy with established categories, rather than by a massive extension of a prima facie duty of care restrained only by indefinable `considerations which ought to negative, or to reduce or limit the scope of the duty or the class of person to whom it is owed.". Since 1929 the Board has been and continues to be the sole controlling body regulating professional boxing in the United Kingdom. The final point taken by the Board was that they did not receive advice in relation to the desirability of ringside resuscitation until after Mr Watson's injuries. I agree that this appeal should be dismissed for the reasons given by Lord Phillips M.R. This can lead to an accumulation of carbon dioxide in the blood, which in its turn can cause swelling of the brain and a rise in intra-cranial pressure. 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". Lord Phillips in the Court of Appeal described the case as a unique one because here, rather than . The North Middlesex Hospital had no neurosurgical department, so Mr Watson was transferred by ambulance, still unconscious, to St. Bartholomew's Hospital. 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 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. contains alphabet). First he submitted that the Board exercises a public function which it has assumed for the public good. 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. Cargo owners sued the classification society N.K.K. 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. These are explored in the authorities to which I have referred earlier. Mr Usherwood had authority, under an Order made pursuant to the Civil Aviation Act 1982 to certify that the aircraft was fit to fly. 22. 44. 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. The Law Commission in its 1994 Consultation Paper No.134 "Criminal Law: Consent and Offences Against the Person" recognised that boxing was an anomaly in English law. Lord Mustill reached the same conclusion in R v Brown [1994] 1 AC 212 at p.265, where he gave the following description of professional boxing: "For money, not recreation or personal improvement, each boxer tries to hurt the opponent more than he is hurt himself, and aims to end the contest prematurely by inflicting a brain injury serious enough to make the opponent unconscious, or temporarily by impairing his central nervous system through a blow to the midriff, or cutting his skin to a degree which would ordinarily be well within the scope of Section 20. 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. This may entail suturing of a wound, the assessment of the seriousness of any injury or maybe just simple advice concerning future training or contests.
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