watson v british boxing board of control 2001 case
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. He inferred that professional boxers would be unlikely to have an innate or well informed concern about safety. In case of any confusion, feel free to reach out to us.Leave your message here. The nature of the damage was important. 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. Since 1929 the Board has been and continues to be the sole controlling body regulating professional boxing in the United Kingdom. [2], The case first went to the High Court of Justice, where Kennedy, J, gave his judgment on 24 September 1999, awarding Watson around 1 million in damages. Thus it has been held that the prison service owes a duty of care to take reasonable steps to prevent prisoners from committing suicide. 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. 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. Mr Watson suffered some, at least, of these secondary effects, which were the cause of his permanent brain damage. 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. But once the decision is taken to offer such a service, a statutory body is in general in the same position as any private individual or organisation holding itself out as offering such a service. He suffered severe brain damage after being injuredduring a match. The Judge was impressed with the fact that, even then, resuscitation would have been commenced at least twenty and probably thirty minutes before in fact it was. 45. On his initiative a meeting took place with the Minister for Sport, two of Mr Hamlyn's colleagues, the Board's Chief Medical Officer, Dr Whiteson, and other board officials on 16th October 1991. * Enter a valid Journal (must . I turn to the law. Contains public sector information licensed under the Open Government Licence v3.0. 4. 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. The Judge did not rely upon the specific evidence given by Mr Watson about reliance. held at p.557: "Is this a case in which it can be said that the plaintiff was closely and directly affected by the acts of the architect as to have been reasonably in his contemplation when he was directing his mind to the acts or omissions which are called into question? They support the proposition that the act of undertaking to cater for the medical needs of a victim of illness or injury will generally carry with it the duty to exercise reasonable care in addressing those needs. The Judge did not find that the lapse of time between Mr Watson becoming unconscious and Dr Shapiro being called to assist was critical. 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. That argument was rejected. 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. (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 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 he submitted that the Board exercises a public function which it has assumed for the public good. Caring for the needs of boxers, and in particular the physical safety of boxers, is the primary object of the Board. This point was put to the Judge. Indirect Influence on the Occurrence of Injury. That phrase can be misleading in that it can suggest that the professional person must knowingly and deliberately accept responsibility. Mr Walker also suggested that a finding in favour of Mr Watson in this case would involve postulating that other sporting regulatory bodies, such as the Rugby Football Union, owed duties of care to the participants in their sports in relation to their rules and regulations. Once resuscitation, or stabilisation has taken place, the next stage is neuro-surgery to remove the haematoma and seal any ruptured veins or arteries. In its statutory context the ambulance service is more properly described as part of the National Health Service than as a rescue service. 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. A primary injury such as that described can have secondary consequences which are much more serious. 428 Nield J. drew a distinction between a casualty department of a hospital that closes its doors and says no patients can be received, in which case he would, by inference, have held there was no duty of care, and the case before him where the three watchmen, who had taken poison, entered the hospital and were given erroneous advice, where a duty of care arose. iii) Those taking part in the activity, and Mr Watson in particular, relied upon the Board to ensure that all reasonable steps were taken to provide immediate and effective medical attention and treatment to those injured in the course of the activity. 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. I find this distinction between instructions as to duties and instructions as to how to perform duties elusive and over subtle. 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. 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. A. "What emerges is that, in addition to the forceability of damage, necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed, a relationship characterised by the law as one of "proximity" or "neighbourhood" and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope upon the one party for the benefit of the other". As already mentioned the referee is in sole charge of the contest, but if a boxer is counted out and fails to rise it is the doctor's duty to get into the ring as quickly as possible and institute emergency treatment should this be required. It is not necessary for a supposed tortfeasor to have created the danger himself. 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. If authority is needed for this approach, it is to be found in the Judgment of the Court of Appeal in Perrett v Collins [1998] 2 LL.L.Rep. Try and prevent and/or treat raised intracranial pressure. considered the question of whether it was fair and reasonable to impose a duty of care. In 1991, a world title fight between Michael Watson and Chris Eubank took place in London under the BBBC Rules. In support of that proposition Mr. Walker relied upon, 79. 122. I consider that these were proper findings on the evidence and that Mr Watson's case on breach of duty was made out. "The Board does not create the danger. In relation to two of the cases involving special educational needs, Lord Browne-Wilkinson reached a different conclusion. Each doctor is expected to attend a tournament fully equipped to cover all emergencies. This has relevance to a number of the points discussed above. 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.". 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. I turn to consider the extent to which there are categories of cases, in which a duty of care has been held to exist, or alternatively held not to exist involving these features. 101. 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. 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. There are, however, authorities dealing with advice given to third parties that foreseeably resulted in injury to the person or property of claimants. 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.". 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. In Smoldon v Whitworth [1997] PIQR P133 the duty of care had been conceded in the context of a school colts game and similarly, boxing came under scrutiny in Watson v British Boxing. Please log in or sign up for a free trial to access this feature. At least 20 minutes, and probably nearer 30 minutes, could have been saved. (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), . Michael Watson was injured in a boxing match supervised by the British Boxing Board of Control (BBBofC or BBBC), which was expected . 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. Likewise, a doctor who happened to witness a road accident will very likely go to the assistance of anyone injured, but he is not under any legal obligation to do so, save in certain limited circumstances which are not relevant, and the relationship of doctor and patient does not arise. Also by Rupert Sheldrake A New Science of Life (1981; new edition 2009) The Presence of the Past (1988; new edition 2011) The Rebirth of Nature (1990) Seven Experiments That Could Change the World (1994; new edition 2002) Dogs That Know When Their Owners Are Coming Home (1999; new edition 2011) The Sense of Being Stared At (2003) with Ralph Abraham and Terence McKenna Chaos Creativity and . Watson v British Boxing Board of Control (2001 . 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. 35. 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. This concludes my summary of the facts which I consider material to the question of whether the Board owed a duty of care to Mr Watson. 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. The association exists to facilitate amateurs to enjoy facilities for flying light aircraft. The propeller was mismatched to the gearbox. First published: 28 June 2008. The role of Mr Usherwood was distinct and independent from the role of the constructor of the plane. 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. Held: The respondent had not assumed a general responsibility to all road users . Ringside medical facilities were available, but did not provide immediate resuscitation. I turn to the distinctive features of this case. The aircraft crashed and the Plaintiff sustained personal injuries. He distinguished the fire and police `rescue' cases on the ground that: "This was not a case of general reliance, but specific reliance. 44. It is not possible to measure even on the balance of probabilities where the damage would have stopped if the protocol had been followed. 128. Heaven v Pender (1883) 11 Q.B.D. Michael Watson was injured in a boxing match supervised by the British Boxing Board of Control (BBBofC or BBBC), which was expected to . 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. The provision made by those rules in relation to medical assistance was plain. Moreover, it is clear that no such duty of care exists, even though there may be close physical proximity, simply because one party is a doctor and the other has a medical problem which may be of interest to both". The time was now 23.08. The doctor does not, by examining the applicant, come under any general duty of medical care to the applicant. 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. He held that anyone with the appropriate expertise would have advised the adoption of such a system. 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. 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. 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. The police have been held to owe no duty to respond to a 999 call or, having done so, to exercise reasonable care to prevent a burglary Alexandrou v. Oxford [1993] 4 All ER 328 [1994] 4 All ER 328. The undertaking is to use the special skills which the doctor and hospital authorities have to treat the patient. These cases turned upon the assumption of responsibility to an individual. 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. Michael Watson stands to receive no more than 400,000 compensation The settlement of Watson's case against the British Boxing Board of Control, approved by the High Court in London. Match. It is not so much that responsibility is assumed as that it is recognised or imposed by the law.". The Board has argued that until this accident no-one had suggested that they should institute this protocol. It was accepted that, if the survey had been negligent the loss of the cargo was a foreseeable consequence. 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. If it had in place the appropriate protocols for provision of medical care, the claimants injuries would not have been so severe. The defendant company had a policy for achieving responsible gambling, . (Rule 5.9(c)). There was also an ambulance standing by which had resuscitation equipment and a paramedic who knew how to use this. Attempts have been made, within Parliament and outside, to bring about the banning of the sport of boxing. In my judgement in the present cases, the social workers and the psychiatrist did not, by accepting the instructions of the local authority, assume any general professional duty of care to the plaintiff children. 105. 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. Interact directly with CaseMine users looking for advocates in your area of specialization. The plaintiffs submitted that that which is most closely analogous is that of doctor and patient or health authority and patient. Michael Watson MBE, born 15 March 1965, is a British former professional boxer who competed from 1984-1991. 62. 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. 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. 20. 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. The ambulance took him to North Middlesex Hospital, which was less than a mile away. The promoters and the boxers do not themselves address considerations of safety. 43. A number of authorities show that an acceptance of the role (usually under statutory powers or duties) of protecting the community in general from foreseeable dangers does not carry with it a legal duty of care to safeguard individual members of the community from those dangers. The Board accepted these recommendations and promulgated them by way of guidance. "If the protocol had been in place, and Dr Shapiro had been required to go straight to the ring, he would have begun the necessary procedures within a minute or two of the collapse and so by 23.00. Flashcards. . The vessel sailed and sank a few days later with the loss of the cargo. 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.
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