When considering whether the Board owed Watson a duty of care, Ian Kennedy J. examined at some length the role played by the Board in imposing, by rules and regulations, the safety standards to be observed by those involved in professional boxing in this country. In my view there is a quite sufficient nexus between the Board and the professional boxer who fights in a contest to which its rules obtain to be capable of giving rise to a duty in the Board to take reasonable steps to try to minimise or control whether by rules or other directions the risks inherent in the sport. These considerations lead to the final point made by Mr Walker in the context of proximity. The facilities include a scheme which enables members to construct and fly their own light aircraft. I found this submission unrealistic. 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. 21. Get 1 point on providing a valid sentiment to this He suffered severe brain damage after being injuredduring a match. He answered that it took something like the injury to Mr Watson to make the Committee think of changing the practice. A primary stated object of the Board was to look after its boxing member's physical safety. observed that there was no evidence of any of the asserted potential effects of a finding of negligence against PFA. This appears to be an attempt to import into the law of negligence concepts of public law. 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 Board did not insure against liability in negligence. Applied Barrett v Ministry of Defence CA 3-Jan-1995 The deceased was an off-duty naval airman. The Board has argued that until this accident no-one had suggested that they should institute this protocol. Held: There is a close link between the tests in law for proximity . 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. I now come to the second special feature of this case - the fact that the Board is not charged with having failed itself to provide appropriate medical treatment, but with having failed to impose rules and regulations which would have ensured that others did so. The relevant findings of the Judge were as follows:-. 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. His comment that "it would only have added three minutes or so if he had waited until he was summoned" suggests to the contrary. In the first place the paramedic in the ambulance was not trained to use resuscitation equipment as a matter of course where a head injury was involved. d) The rule that a boxer must be medically examined before every contest. First, Watson is apparently the first reported case in which the English Clearly, they look to the Board's stipulations as providing the appropriate standard. Resuscitation equipment should be at ringside along with person(s) capable of using it". I agree that this appeal should be dismissed for the reasons given by Lord Phillips M.R. This sequence can result in cumulative damage to the brain, leading sooner or later to death. In laying down Rules for the benefit of boxers generally, however, Mr Walker submitted that the Board was under no duty of care. 25. 8. 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. It has limited liability. 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. Should the principles, as derived from the established cases, lead to a finding of a duty of care in this case? Mr Watson received resuscitation and neuro-surgery in hospital in circumstances that I shall describe when I come to deal with causation. Against that judgment the Board now appeals. that the negligence alleged fell into the category of directly causing foreseeable personal injury, both he and Swinton Thomas L.J. From at least 1959 the Board kept under review the medical safeguards that should be provided at a boxing contest in the light of developing medical knowledge, or purported so to do. As for the argument that the local authorities were vicariously liable for negligence on the part of those giving them advice, Lord Browne-Wilkinson held at pp.752-3: "The claim based on vicarious liability is attractive and simple. 74. He sued the Board because they were in charge of safety arrangements at professional boxing matches, and evidence showed that if they had made immediate medical . This meant doctors able to intubate and put up a drip to treat the injured boxer immediately with Manitol. 3. 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. 104. There was a contrast with a fire or a crime, where an unlimited number of members of the public could be affected and the damage could be to property or only economic. Where a blow to the head results in immediate impairment or loss of consciousness, this is normally the result of temporary deformation of the brain caused by acceleration or deceleration of movement of the head. In other words, he could have been resuscitated on site and then transferred for more specific care. 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. held that, on the facts, a duty of care had existed. Cargo owners sued the classification society N.K.K. Considerations of insurance are not relevant. The material passages of this advice were as follows:-. I am in no doubt that the Judge's decision broke new ground in the law of negligence. 96. The subject matter of the advice and activities of the professionals is the child. An ambulance should be on site from the start of the tournament, possibly with a crew of trained para-medics. 45. 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. The broad function of the Board is to support professional boxing. Dr Whiteson did not give evidence. It is to make regulations imposing on others the duty to achieve these results. 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. As Mr Morris accepted, by reason of its control over boxing the Board was in a position to determine, and did in fact determine, the measures that were taken in boxing to protect and promote the health and safety of boxers. 85. 103. The promoters and the boxers do not themselves address considerations of safety. That regulation has been provided by the Board. The most material part of this reads: "The Senior Medical Officer shall arrange for full and adequate resuscitation equipment (including intubation and ventilation equipment) to be available at the ringside of the venue. First published: 28 June 2008. Only full case reports are accepted in court. I confess I entertain no doubt on how that question should be answered. She claimed in negligence and occupiers liability. Next the Board attacked the implicit finding of the Judge that the Rules should have required the doctor to enter the ring as soon as a boxer was counted out or deemed unfit to defend himself. 56. Any loss of consciousness was short lived - he regained his feet and walked to his corner. It concludes that, if account is taken of all these areas, insurance has been of vital importance to the law of tort. 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. Each venue must have a room set aside exclusively for medical purposes. The education of the pupil is the very purpose for which the child goes to the school. In an article on injuries in professional boxing written in 1981, Dr Whiteson stated: "My task as Senior Medical Officer is to control the medical aspects of boxing and in this to liaise closely with Area Medical Officers and with the team of medical experts which includes neurologists and orthopaedic, plastic and ophthalmic surgeons". I do not find this surprising. 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. 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. On the findings of the judge it was delay which caused the further injuries. Indirect Influence on the Occurrence of Injury. The issue in this action is not whether the right policy was adopted but simply whether proper care was used in making provision for medical treatment of Mr Watson. 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. 44. agreed with Hobhouse L.J. All these matters lead me to conclude that the Judge was right to find that the Board was under a duty of care to Mr Watson. 4. This passage was approved by Lord Steyn when the case reached the House of Lords [1996] AC 211 at 235. 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. 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. In delivering the leading speech Lord Browne-Wilkinson observed at p.739: "The question whether there is such a common law duty and if so its ambit, must be profoundly influenced by the statutory framework within which the acts complained of were done.". held that. The association exists to facilitate amateurs to enjoy facilities for flying light aircraft. Boxer members of the Board, including Mr Watson, could reasonably rely upon the Board to have taken reasonable care in making provision for their safety. 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. 32. 67. It acts as a regulatory rule making body. 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. The Judge accepted that this was the case but ruled that in the final analysis that it was for the Court to determine whether even the most widely followed practice was acceptable. The psychologist sees the child and carries out an assessment. Letang v Cooper - Serious Organised Crime and Police Act 2005 - Watson v British Boxing Board of Control - Bernstein of Leigh v Skyviews & General Ltd -. A Collection of Interesting, Important, and Controversial Perspectives Largely Excluded from the American Mainstream Media Many sports involve a risk of physical injury to the participants. In the event, without explanation, he was not tendered as a witness and objection was taken to the use of his witness statement. 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 principles alleged to give rise to a duty of care in this case are those of assumption of responsibility and reliance. I turn to the distinctive features of this case. The time was now 23.08. The decision is of interest for several reasons. Test. 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 . 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. 90. 125. The facilities provided accorded with the advice to medical officers issued by the Board's Medical Committee, to which I referred earlier. That phrase can be misleading in that it can suggest that the professional person must knowingly and deliberately accept responsibility. Mr Watson brought an action against the Board. "Until he collapsed, I would hold that the deceased was in law alone responsible for his condition. My reaction is the same as that of Buxton L.J. As already stated, no tournament is allowed to commence or continue without one doctor sitting ringside. In a Witness Statement in the present proceedings, Mr Watson stated that this accorded with his understanding as a boxer that the Board undertook responsibility for all the medical aspects of boxing, including the medical supervision of boxing contests, in the United Kingdom. The owner of the aircraft took off, with the Plaintiff onboard as a passenger. 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. 60. Try and prevent and/or treat raised intracranial pressure. Obviously a full report should then be sent to the relevant Area Council or Board and the sooner this is done, from a medical view point, the better.". He did not, however, identify any obvious stepping stones to his decision. 127. Later, after referring to Lord Bridge's speech in Caparo at p.261, he said: "Thus when a case fits into a category where the existence of a duty of care and a potential liability in the tort of negligence has already been recognised, the more elusive criteria to which Lord Bridge referred for dealing with cases that go beyond the recognised category of proximity do not arise.". 26. 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. 131. Of course.these three matters overlap with each other and are really facets of the same thing. Ringside medical facilities were available, but did not provide immediate resuscitation. the concern of the Board for the physical safety of boxers is reflected in many of the Board's rules and regulations. There are a number of problems with this submission. Accordingly, I am left in no doubt that the Board was in breach of its duty in that it did not institute some such system or protocol as Mr Hamlyn was to propose. It does not follow that the decision in this case is the thin end of a wedge. The issue is whether the standard of reasonable care required the Board to change their practice in order to address the risks of such injuries before the Watson/Eubank fight. It trades under the name of the "Popular Flying Association" and it appears that either its main role or one of its main roles is to run that association. 40. 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. The Judge summarised his findings on the facts as follows:-. At p.1172 he summarised his conclusion as follows:-. Dr Shapiro examined Mr Watson and put a Brookes Airway into his mouth to maintain his airway. The comparison drawn by Mr Walker between the Board and a rescuer is not apt. The final question is, to what extent? The probability must therefore have been that he could have been among those patients who would have had a favourable outcome, or no circumstance peculiar to his physical make-up has been identified to suggest why that should not be so". These cases turned upon the assumption of responsibility to an individual. So far I have not dealt with the question of reliance by Mr Watson on the exercise of care by the Board. 37. It was accepted that, if the survey had been negligent the loss of the cargo was a foreseeable consequence. 70. 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. In 1991, a world title fight between Michael Watson and Chris Eubank took place in London under the BBBC Rules. 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. Watson v British Boxing Board of Control (2001). On the evidence I consider that the Judge was entitled to find that, even if resuscitation had not been commenced until after help was summoned, it would probably have resulted in a significantly better outcome for Mr Watson. ii) the duty alleged is not directly, through the servants or agents of the Board to provide proper facilities and administer proper treatment to those injured. 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. A Respondent's Notice was served contending that the Judge could and should have drawn an adverse inference from his failure to give evidence. They did not have the expertise in providing such resuscitation; nor did they have the necessary equipment. An example of the ongoing review of safety standards was the Board's decision, in August 1991, that: "In future three Board Medical Officers would be appointed when a major contest was taking place. (Rules 8.5 and 8.6). That, however, did not prove to be the position. Only about twenty-five British boxers succeeded in earning a full-time living from the sport. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 293.". QUIZ. Heaven v Pender (1883) 11 Q.B.D. 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. A. The child was in a singularly vulnerable position. This submission involves considering the timing of events and the Judge's findings in relation to the impact of these on causation. In Caparo v Dickman at p.617 Lord Bridge considered a series of decisions of the Privy Council and the House of Lords in relation to the duty of care in negligence and summarised their effect as follows:-. "There is always a risk, and the pool from which professional boxers tend to be recruited is unlikely to be one with an innate or well-informed concern about safety, and one may ask why should the individual boxer not rely on the Board's arrangements? The acceptance of the call in this case established the duty of care.

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