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In Watson v British Boxing Board of Control (2000), the claimant was the famous professional boxer Michael Watson. It has limited liability. 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. 24. 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. At this meeting Mr Hamlyn expressed the view that it was vital that at the ringside there should be the right doctors with the right equipment. The vessel sailed and sank a few days later with the loss of the cargo. Dr Shapiro examined Mr Watson and put a Brookes Airway into his mouth to maintain his airway. The ambulance should be prepared to go direct to the Neurological unit that had been placed on stand-by. The evidence certainly supports the proposition that it was Mr Watson's injuries, and the subsequent advice given by Mr Hamlyn, that caused the Board to change its practice. 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. Held: A certifying . 31. "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.". [2001] QB 1134 was a case of the Court of Appeal of England The precise nature of the company's constitution is not covered by the evidence. The fight had taken place in accordance with the rules of the British Boxing Board of Control Ltd., ("the Board"). This is a further factor which tends to establish the proximity necessary for a duty of care. Please log in or sign up for a free trial to access this feature. The board, however, went far beyond this. 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. 1. In the subsequent action for personal injuries, this Court held that the ambulance service had been in breach of a duty of care in failing to arrive promptly. 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. 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. * The Board failed to ensure that those running the contest knew which hospitals in the vicinity had a neurosurgical capability. Next Mr. Walker argued that the duty of care alleged was one owed for an indeterminate time to an indeterminate number of persons. Mr Watson suffered some, at least, of these secondary effects, which were the cause of his permanent brain damage. That regulation has been provided by the Board. He gave evidence that he agreed with Mr Hamlyn's views. 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. The claimant was seriously injured in a professional boxing match governed by rules established by the defendants rules. The Board's Medical Committee met to consider these on the 22nd October 1991 and made recommendations which included the following: "1 The nearest hospital with a neurological unit should be notified of the date of each tournament held under the Board's jurisdiction and must be on alert in case of serious head injury. 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. [4] After recovering consciousness, he sued the BBBC, arguing that because they laid down the rules governing professional boxing that ensured his safety, they owed him a duty of care and should have ensured that he was properly and immediately treated. His comment that "it would only have added three minutes or so if he had waited until he was summoned" suggests to the contrary. If Mr Watson has no remedy against the Board, he has no remedy at all. 503 at p.517, per Lord Justice Cotton). 45. 63. The fight was terminated at 22.54. The diagnosis is hopelessly wrong. The subject matter of the advice and activities of the professionals is the child. While it is difficult, or perhaps impossible, to avoid a degree of subjectivity when considering what is fair, just and reasonable, the approach must be to apply established principles and standards. It is not possible to measure even on the balance of probabilities where the damage would have stopped if the protocol had been followed. In an open letter to BMA delegates, written some time in the 1980's, Dr Whiteson, the Chief Medical Officer to the Board, wrote "The British Boxing Board of Control is justifiably proud of its reputation of being in the vanguard of the protection of professional boxers." Mr Watson collapsed unconscious within a minute or so of this. Again I disagree. Professor Teasdale had some reservations about the effectiveness of some of this, but he accepted that this was standard practice. 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 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. On 21st September 1991 Michael Watson fought Chris Eubank for the World Boxing Organisation Super-Middleweight title at Tottenham Hotspur Football Club in London. 4. This decision turned, essentially, on considerations of policy in relation to the role of a classification society in the context of the complex arrangements for sharing, limiting and insuring the risks inherent in carriage of goods by sea. There an operation was carried out to evacuate a sub-dural haematoma. He was held at North Middlesex Hospital until 23.55 to ensure that he was stabilised for the onward journey, and then taken to St. Bartholomew's Hospital. There are also reasons of public policy for not imposing a duty of care to individuals in relation to the performance of their functions. This did not, however, affect the position so far as responsibility for the safety of the boxers was concerned. Despite this statement, Ian Kennedy J. suggested that where there was a potential for physical injury there was no need to go beyond the test of foreseeability in deciding whether a duty of care existed, relying on Perrett v. Collins [1998] 255. 89. radio The Board argued that, until they received such advice, they could not reasonably be expected to alter their recommendations and rules in relation to ringside treatment. Likewise, in Watson v British Boxing Board of Control [2001] QB 1134 the defendant was found to owe a duty of care to the Plaintiff boxer who had suffered more significant injury b.. Request a trial to view additional results 1 firm's commentaries Heading The Ball: Part Of The Game Or An Industrial Disease United Kingdom Mondaq UK 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. Before confirming, please ensure that you have thoroughly read and verified the judgment. 49. He would thus have developed the subdural haemorrhage in the most favourable circumstances possible, short of doing so in hospital with staff around him. This would mean an appointment of a Senior Medical officer specifically for the major event and then two other doctors on duty to ensure that there were always two doctors at the ringside while a major contest was taking place.". 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. 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". I turn to the law. In support of that proposition Mr. Walker relied upon X v Bedfordshire CC and Stovin v Wise [1996] AC 923. Radio Times - February 1117 2023 - Free ebook download as PDF File (.pdf), Text File (.txt) or read book online for free. 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 architect, by reason of his contractual arrangement with the building owner, was charged with the duty of preparing the necessary plans and making arrangements for the manner in which the work should be done. The referee stopped the fight in the final round when Watson appeared to be unable to defend himself. On the law relied upon by the Judge, this was all that Mr Watson needed to succeed. 109. A primary injury such as that described can have secondary consequences which are much more serious. [2] He was given no oxygen, and first sent to a hospital which lacked a neurosurgery unit. If, which I doubt, this conclusion represents any step beyond what is already settled law, I am fully persuaded it is a proper one to take.". Michael Watson suffered a near-fatal brain injury and spent 40 days in a coma after boxing against Chris Eubank, who still struggles to comprehend what happened on that fateful night 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. 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. I consider that the Judge was entitled to find on the evidence, that had the Hamlyn protocol been in place, the outcome of Mr Watson's injuries would have been significantly better. 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. 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. In these circumstances there was insufficient proximity between the Board and the objects of the duty. .Cited Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions CA 5-Nov-2004 The claimants husband died when his car skidded on hoar frost. The present case can only be decided on the basis of an intense and particular focus on all its distinctive features, and then applying established legal principles to it.". It is supplied to amateur flyers in a kit form which they can then assemble for themselves. Held: There is a close link between the tests in law for proximity . There was evidence that the Board's Medical Committee met regularly to consider medical precautions. "Until he collapsed, I would hold that the deceased was in law alone responsible for his condition. 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. 55. Ringside medical facilities were available, but did not provide immediate resuscitation. The contest was sponsored not by the Board, but by the World Boxing Organisation (WBO). In other words, as there were no circumstances which made it unfair or unreasonable or unjust that liability should exist, there is no reason why there should not be liability if the arrival of the ambulance was delayed for no good reason. 3.9 each boxer must be examined after every contest and a report sent to the Board or Area Council concerned if necessary. Watson v British Boxing Board of Control (1999) (QBD) During a professional boxing contest, the claimant suffered a sub-dural haemorrhage resulting in irreversible brain damage which left him with, among other things, a left-sided partial paralysis. Each emphatically concluded that it was. 75. The referee stopped the fight in the final round when Watson appeared to be unable to defend himself. So far as the promoter was concerned, these delimited his obligations. 25Watson v British Board of Boxing Control Ltd [2001] QB 113419, 20 it was claimed that had Watson received immediate resuscitation he would not have been as badly brain damaged, the Court agreed saying that because the Board were in sole charge of safety arrangements there was sufficient proximity for the board of control to owe a duty of care Licence holders are also required to comply with the Board's policy in respect of matters not dealt with by specific rules. The leading case in terms of the duty of care owed by governing bodies in UK law is Watson v British Boxing Board of Control [2001] QB 1134, where the governing body was held to be liable for the horrific injuries suffered by Michael Watson in his boxing bout with Chris Eubank. The Board held itself out as treating the safety of boxers as of paramount importance. 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. In Cassidy v Ministry of Health [1951] 2 K.B. Should the principles, as derived from the established cases, lead to a finding of a duty of care in this case? 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 at p.258 as follows: "The third defendants are a trading company incorporated under the companies Acts. 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. 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. (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.) The Board had, or had available, medical expertise. The Articles of Association of the Board provide that its objects include: "To promote and safeguard the interests of members of the company in the United Kingdom and throughout the world including members' (being boxers) interests in boxing contests and tournaments.including..the encouragement. See Hedley Byrne & Co. Ltd. v Heller & Partners Ltd [1964] AC 465 and Henderson v Merrett Syndicates Ltd [1995] 2 AC 145. 12. In Clay v. Crump & Sons Ltd [1964] 1 QB 133 a building worker was injured when a wall collapsed on him. The defendant said that the report was preliminary only and could not found a . 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. Once resuscitation, or stabilisation has taken place, the next stage is neuro-surgery to remove the haematoma and seal any ruptured veins or arteries. The professionals were employed or retained to advise the local authority in relation to the well being of the plaintiffs but not to advise or treat the plaintiffs". 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. If wrong information had not been given about the arrival of the ambulance, other means of transport could have been used". Such treatment had been standard form in hospitals for many years prior to 1991. had not been responsible for the claimant's asthma but it had caused the respiratory arrest and to this extent the L.A.S was the author of additional damage.". Get 2 points on providing a valid reason for the above In 1991, a world title fight between Michael Watson and Chris Eubank took place in London under the BBBC Rules. Letang v Cooper - Serious Organised Crime and Police Act 2005 - Watson v British Boxing Board of Control - Bernstein of Leigh v Skyviews & General Ltd -. 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. 132. Flashcards. 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 child has a learning difficulty. 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.". 68. 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. One group of cases involved statutory duties imposed on local authorities for the purpose of protecting children from child abuse. He held that he was 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 that which Mr Hamlyn was later to propose. The Board accepted these recommendations and promulgated them by way of guidance. These cases establish that where A advises B as to action to be taken which will directly and foreseeably affect the safety or well-being of C, a situation of sufficient proximity exists to found a duty of care on the part of A towards C. Whether in fact such a duty arises will depend upon the facts of the individual case and, in particular, upon whether such a duty of care would cut across any statutory scheme pursuant to which the advice was given. 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. Administrative, Personal Injury, Negligence, Updated: 02 November 2021; Ref: scu.135634. 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. . He further alleged that had he received that treatment, he would not have sustained permanent brain damage. The General Medical Council clearly states that a doctor must offer help when off-duty, if an emergency arises. 84. 76. The move is being made as a cost-cutting measure in the wake of the Michael Watson case. There was no contract between the parties, but boxers had to fight under the Board's rules. He was also given an injection of Manitol, a diuretic that can have the effect of reducing swelling of the brain. Throughout, the child was very dependent upon the expert's assessment. "The role of Medical Officer at a Professional Boxing Tournament is a very important one and requires an adequate working knowledge of sports medicine, the diagnosis and treatment of acute medical conditions and a working knowledge of the training and dietary requirements of a Professional Boxer and Athlete. In this the Judge was correct. 104. Held: A body which had responsibility for licensing and setting conditions for the boxing matches was liable in negligence when, having assumed responsibility for the boxers medical care, the standards it set were inadequate. Match. This meant doctors able to intubate and put up a drip to treat the injured boxer immediately with Manitol. Saville L.J. 100. He held that anyone with the appropriate expertise would have advised the adoption of such a system. .Cited Sutradhar v Natural Environment Research Council HL 5-Jul-2006 Preliminary Report of Risk No Duty of Care The claimant sought damages after suffering injury after the creation of water supplies which were polluted with arsenic. 86. "One can summarise the aims of treatment of a patient who has been rendered unconscious as the result of a head injury as follows: 1. 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. In these circumstances, it is no cause for surprise that the equipment was not in fact used. 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. In relation to two of the cases involving special educational needs, Lord Browne-Wilkinson reached a different conclusion. 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. In my judgment, the same duty applies to any other person possessed of special skills, such as a social worker. As part of the health service it should owe the same duty to members of the public as other parts of the health service. 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. By the time he received resuscitation in hospital he had sustained permanent brain damage which such treatment would have prevented. Each case involved the performance by the local authority of duties imposed under statute for the benefit of children. I consider that the Judge could properly have done so. In this case the following matters are particularly material: 1. The setting of rules could be akin to the giving of advice and thus had an indirect influence on the occurrence of the injury. The essence of Mr Watson's case is that there should have been a system under which such equipment would not merely be available, but used immediately in the event of a brain injury. But it has never been a requirement of the law of the tort of negligence that there be a particular antecedent relationship between the defendant and the plaintiff other than one that the plaintiff belongs to a class which the defendant contemplates or should contemplate would be affected by his conduct. 36. Michael Watson was injured in a boxing match supervised by the British Boxing Board of Control (BBBofC or BBBC), which was expected to . In 1991 the Board had about twelve hundred licence holders and members of which about five hundred and fifty were active boxers. 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. 6. In consequence this special need was not addressed, to the detriment of the child. The defendant company had a policy for achieving responsible gambling, . Mr Watson was one of a defined number of boxing members of the Board. 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. 21. The occurrence of a haematoma could not have been prevented but its effects could have been mitigated. 54. 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. I agree that this appeal should be dismissed for the reasons given by Lord Phillips M.R. 2. Throughout these contests the boxers' performance should be noted and any untoward medical problems arising should be reported to the Area Council or Board. 5. The local council had waived a requirement that the balustrade meet the . "The Board does not create the danger. He answered that it took something like the injury to Mr Watson to make the Committee think of changing the practice. 39. The facilities include a scheme which enables members to construct and fly their own light aircraft. Click here to remove this judgment from your profile. In Caparo v Dickman the Court recognised a duty of care owed by auditors to all the members of a company. if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_5',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Cited by: Cited Binod Sutradhar v Natural Environment Research Council CA 20-Feb-2004 The defendant council had carried out research into a water supply in India in the 1980s. When carrying out the assessment and advising the education authority, did the psychologist owe a duty of care to the child? Study with Quizlet and memorize flashcards containing terms like Robinson v Chief Constable of West Yorkshire Police 2014, East Suffix River Catchment Board v Kent, Reeves v Commissioner of Police and more. 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. 92. In my judgment, there must be an affirmative answer to that question. 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. 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. His evidence was that it was his practice to use it where a patient was experiencing breathing difficulties. 28. The plaintiff's allegation is that during this process an alternative gearbox was fitted without the appropriate and corresponding substitution of a propeller which matched the substituted gearbox. 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. 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. Elr, Recueil JP 01.02 3 a) Case of Michels v USOC (United States Court of Appeals - 7th circuit, 16 August 1984)40 B. deprecated the introduction of tests such as `proximity' and `fair just and reasonable' in a situation where it was reasonably foreseeable that a failure to exercise reasonable care would cause personal injury: "They also illustrate the dangers of substituting for clear criteria, criteria which are incapable of precise definition and involve what can only be described as an element of subjective assessment by the Court: such ultimately subjective assessments tend inevitably to lead to uncertainty and anomaly which can be avoided by a more principled approach". English case law has developed, with various twists and turns, in the problematic field of factual causation. There was also an ambulance standing by which had resuscitation equipment and a paramedic who knew how to use this.