7. * the treatment actually provided to Mr Watson. The members of the Board are those who are involved in professional boxing. The education of the pupil is the very purpose for which the child goes to the school. 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.". Tort Case Law. 88. I am left with the clear impression that the Board's medical advisers have not looked outside their personal expertise. I personally don't think that the decision to follow option B as opposed to option A had any material affect upon Watson.", The Medical facilities provided to Mr Watson at the ringside, 102. ", 126. 51. Caring for the needs of boxers, and in particular the physical safety of boxers, is the primary object of the Board. In such circumstances A's conduct can accurately be described as the assumption of responsibility for B, whether `responsibility' is given its lay or legal meaning. 86. b) The rule that a Licence may be suspended or withdrawn if, in the opinion of the Board or an Area Council, the licence-holder is not medically fit to box (Rule 4.9(b)(I)). 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. The undertaking is to use the special skills which the doctor and hospital authorities have to treat the patient. 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. Had the Board said nothing, it might not be liable, but once it gave advice by setting rules, it came to be responsible. It is not clear why the ambulance took so long to reach the hospital. An analogy can be drawn with the duty of an employer, whose activities involve a particular health risk, to make provision for its employees to receive appropriate medical attention - see Stokes v. Guest Keen & Nettlefold (Bolts & Nuts) [1968] 1 WLR 1776. 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. 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. 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. Ian Kennedy J. equated the formulation of rules and regulations with the giving of advice and these decisions are of relevance in this context. Test. 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. Another example was a general direction given, at about the same time, that an ambulance and crew should be in attendance at a boxing contest. Many of the matters considered under the heading of proximity are also relevant to the question of whether it is fair, just and reasonable to impose a duty of care in this case. depending upon the court's attitude to the case before it. The Court of Appeal drew a correct analogy with the doctor instructed by an insurance company to examine an applicant for the life insurance. Contains public sector information licensed under the Open Government Licence v3.0. Throughout these contests the boxers' performance should be noted and any untoward medical problems arising should be reported to the Area Council or Board. 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. The relevant allegations of negligence can be summarised as follows: * The Board failed to inform itself adequately about the risks inherent in a blow to the head; * The Board failed to require the provision of resuscitation equipment at the venue, together with the presence of persons capable of operating such equipment. 109. (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), . I do not believe that the evidence admits of any accurate answer to this question but that is by no means an uncommon situation in cases of this sort. JURISDICTION TO INTERPRET A FEDERATION'S RULES OF PROCEDURE IN DOPING CASES41 a) Case of Smith v International Triathlon Union (Supreme Court of British Colombia, Vancouver, Of these, the vast majority were semi-professional. There he arrived in the scanning room at 00.30 on 22nd September. The defendant in each case was a local authority. The doctor does not, by examining the applicant, come under any general duty of medical care to the applicant. 84. He inferred that professional boxers would be unlikely to have an innate or well informed concern about safety. In the event, without explanation, he was not tendered as a witness and objection was taken to the use of his witness statement. 15. 37. In consequence this special need was not addressed, to the detriment of the child. The latter have the role of protecting the public in general against risks, which they play no part in creating. It would seem impossible to contend that the plaintiff would not be affected by the decisions and plans drawn up by the architect.". The Board had, or had access to, specialist expertise in relation to appropriate standards of medical care. 2. The referee stopped the fight in the final round when Watson appeared to be unable to defend himself. Lord Phillips in the Court of Appeal described the case as a unique one because here, rather than . 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. In these circumstances the task is to look at the circumstances in which specific factors have given rise to the duty of care and to consider whether, on the facts of this case, they should also give rise to such a duty. Subsequently they were incorporated in the Rules by an addition to Regulation 8. 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. 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. This involves intubation, or the insertion of an endotracheal tube. They did not have the expertise in providing such resuscitation; nor did they have the necessary equipment. 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. The Notice of Appeal contended that there was no evidence that, had the rules contended for by Mr Watson been in place, he would have been treated any differently; the Judge should have found that none of the doctors present, nor the ambulance man, would have intubated the claimant, whatever equipment had been available, because he was breathing spontaneously. 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. There is a general reliance by the public on the fire service and the police to reduce those risks. 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. 113. A primary injury such as that described can have secondary consequences which are much more serious. 4. The facts of this case are not common to other sports. 22. 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. 68. It much have been in the contemplation of the architect that builders would go on the site as the whole object of the work was to erect building there. [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. 93. The most obvious category of case of a duty of care to administer medical treatment to restrict the consequences of injury or illness, or to effect a cure, is that of the duty owed by a doctor or a hospital authority to a patient. 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. . He suffered severe brain damage after being injuredduring a match. He received only occasional visits of inspection by the duty ratings. The Board contended that this was unjustifiable, since it would require Rules which in effect instructed doctors as to how to perform their duties. The Board did not insure against liability in negligence. Before confirming, please ensure that you have thoroughly read and verified the judgment. 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. He makes a diagnosis and advises the education authority. Flashcards. The contest was sponsored not by the Board, but by the World Boxing Organisation (WBO). In case of any confusion, feel free to reach out to us.Leave your message here. The Kit Fox aircraft is an aircraft which is designed for this purpose. Study with Quizlet and memorize flashcards containing terms like Alexandrou v Oxford (1933), Maguire v Harland & Wolff PLC (2005), Calvert v William Hill (2008) and more. By this time, however, he had sustained serious brain damage. Watson successfully sued the BBBC for 400,000 after being left with brain injuries following his 1991 fight with Chris Eubank. 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. 121. 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. The nature of that duty was recently considered by this Court in Capital and Counties PLC v. Hampshire C.C. 47. I think that the Judge was right. 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. 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. 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. It was the evidence of Mr Watson's experts that, while brain damage of the type I have described is cumulative, what happens in the first ten minutes is particularly critical. Thus the necessary `proximity' was not made out. The witness best placed to deal with the consideration, if any, given to this matter would have been Mr Whiteson. 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. 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. for the existence of a duty of care were present. The Board encouraged and supported its boxing members in the pursuit of an activity which involved inevitable physical injury and the need for medical precautions against the consequences of such injury. There was no contract between the parties, but boxers had to fight under the Boards rules. The position as to the selection of doctors for a contest that prevailed in 1991 was as follows. The duty of the Board and of those advising it on medical matters, was to be prospective in their thinking and seek competent advice as to how a recognised danger could be combated. The time was now 23.08. We do not provide advice. 91. 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. 69. That case involved four further claims by children against local education authorities for, among other things, negligently failing to address their special educational needs. The broad function of the Board is to support professional boxing. "In Barnett v Chelsea & Kensington Management Committee [1969] 1 Q.B. In this case the following matters are particularly material: 1. 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. 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. The Judge went on to review such statistical evidence as there was in relation to the frequency of occurrence of head injuries in boxing and observed that there had been no evidence to suggest that the Board considered and balanced the difficulty of providing the adequate response to the risks of head injury against their frequency of occurrence and severity of outcome. The Board assumes the, 89. That is true as a fact. 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. Cargo owners sued the classification society N.K.K. 127. 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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. I find this distinction between instructions as to duties and instructions as to how to perform duties elusive and over subtle. 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. In theory the medical officers at a contest would be appointed and paid by the Promoter from the body of approved doctors. The hospital should be requested to confirm that a Neuro-Surgeon would be on stand-by. These considerations lead to the final point made by Mr Walker in the context of proximity. 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. 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. These are explored in the authorities to which I have referred earlier. 56. 74. 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. Each case involved the performance by the local authority of duties imposed under statute for the benefit of children. He gave evidence that he agreed with Mr Hamlyn's views. All involved in a boxing contest were obliged to accept and comply with the Board's requirements. 8. Found Watson & British Boxing Board Of Control Ltd & Anor useful? Each venue must have a room set aside exclusively for medical purposes. iii) to decide whether these principles should be applied so as to give rise to a duty of care in the present case. In 1990 Mr Watson had been involved in litigation with his manager, in which the Board had filed an Affidavit. They also argued that it was not fair, just and reasonable that the PFA should be liable to negligence. The normal duty of a doctor to exercise reasonable skill and care is well established as a common law duty of care. A book of rules and regulations 58 pages in length provides, in detail, for the manner in which professional boxing is to be carried on. He did not, however, identify any obvious stepping stones to his decision. (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.) Search for more papers by this author. A doctor must be available to give immediate attention to any boxer should this be required. 124. 104. In accordance with normal practice, the medical officers for the contest were nominated by the Southern Area Council. In Watson v British Boxing Board of Control Ltd,l the Court of Appeal has upheld an unprecedented decision that a regulatory body can be liable for negligence in the exercise of its rule-making functions. True it is that, in the absence of a statutory power or duty, the authority could not offer such a service. observed that there was no evidence of any of the asserted potential effects of a finding of negligence against PFA. Watson v British Boxing Board of Control Ltd [2001] QB 1134 (CA) - BB was not insured but Court said it is irrelevant because a duty of care is decided regardless . 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. He submitted that the Board would presumably owe the same duty to boxers who came from abroad to box and persons who were not yet boxers, and perhaps not even born, when the rules were made. Learn. 3.9 each boxer must be examined after every contest and a report sent to the Board or Area Council concerned if necessary. Only full case reports are accepted in court. Mr Watson was put on a stretcher, which was placed on a trolley and wheeled towards the ambulance. 34. 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. 133. 111. 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. It made provision in its Rules for the medical precautions to be employed and made compliance with these Rules mandatory. If it had in place the appropriate protocols for provision of medical care, the claimants injuries would not have been so severe. He held that anyone with the appropriate expertise would have advised the adoption of such a system. .if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_4',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Lists of cited by and citing cases may be incomplete. 8. The Board professes - I do not for one moment question its sincerity - its lively interest in his safety. As a result of the delay the patient sustained brain damage. It carried out this function by making and imposing rules dealing with the safety of boxers, by approving medical officers and by giving detailed guidance as to the qualifications and equipment those officers should bring to the ringside. 39. He won a historic High Court case in Sept 1999, raising questions about the future of the professional sport in the UK. Administrative, Personal Injury, Negligence, Updated: 02 November 2021; Ref: scu.135634. 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". 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. 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. In Watson v British Boxing Board of Control (2000), the claimant was the famous professional boxer Michael Watson. 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. 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. It made provision in its rules for the medical precautions to be employed and made compliance with these rules mandatory.. The Board's assumption of responsibility in relation to medical care probably relieved the promoter of such responsibility. ", "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. The social workers and the psychiatrists were retained by the local authority to advise the local authority, not the plaintiffs. In the event Mr Walker did not put this pleaded Ground of Appeal at the forefront of his argument. * The Board failed to ensure that those running the contest knew which hospitals in the vicinity had a neurosurgical capability. She claimed the respondent was liable under the Act and at common law for failing to keep it safe. They argued that if they had failed to exercise reasonable care, this was not the direct cause of the Plaintiff's injuries - the direct cause being that the aircraft had been designed in a manner that made it unairworthy. Nor has it been a requirement that the defendant should inflict the injury upon the plaintiff. 122. After recovering consciousness, he sued the BBBC in negligence, and was awarded approximately 1 million by the High Court of Justice, who determined that the relationship between the BBBC and Watson was sufficient to create a duty of care. 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. Indirect Influence on the Occurrence of Injury. He should certainly carry an aphygomamometer and stethoscope, an ophthalmoscope, an auroscope, a patella hammer, a Brooks airway and a padded spatula in case of a rate occurrence of fitting and the need to establish an airway.
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