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A Collection of Interesting, Important, and Controversial Perspectives Largely Excluded from the American Mainstream Media 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". The defendant company had a policy for achieving responsible gambling, . The board, however, went far beyond this. He received only occasional visits of inspection by the duty ratings. On 21st September 1991 Michael Watson fought Chris Eubank for the World Boxing Organisation Super-Middleweight title at Tottenham Hotspur Football Club in London. 71. A defendant seeking to disturb the findings of fact of a trial Judge in relation to causation undertakes a hard task. 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. 89. It acts as a regulatory rule making body. "It is these sorts of accidents which provoke the changes". 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. He did not, however, identify any obvious stepping stones to his decision. Watson successfully sued the BBBC for 400,000 after being left with brain injuries following his 1991 fight with Chris Eubank. Should the principles, as derived from the established cases, lead to a finding of a duty of care in this case? 129. The other group of cases involved duties imposed on local authorities in relation to children with special educational needs. 78. His evidence was that it was his practice to use it where a patient was experiencing breathing difficulties. Flashcards. It is clear on the authorities that the duty to take reasonable care to prevent further harm and to effect a cure is founded on the acceptance of the patient as a patient, which carries with it an implicit undertaking to care for the patient's needs. My reaction is the same as that of Buxton L.J. 31. The Law Commission in its 1994 Consultation Paper No.134 "Criminal Law: Consent and Offences Against the Person" recognised that boxing was an anomaly in English law. 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. 123. held that, on the facts, a duty of care had existed. In Caparo Plc v Dickman [1990] 2 AC 605, and in many subsequent cases, the House of Lords and this Court have approved the approach to the development of the law of negligence recommended by Brennan J. in the High Court of Australia in Sutherland Shire Council v Heyman (1985) 60 A.L.R. Herbert Smith, London. While Buxton L.J. 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. 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. 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. The propeller was mismatched to the gearbox. 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.". 86. The Board's Grounds of Appeal argued that in making policy decisions, the Board ought not to be held to be negligent unless such decisions were found to be wholly irrational. [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. 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 . "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. Mr. Usherwood was the person who was carrying out this role in relation to Mr. Collins' assembly of this aircraft. To my mind it is difficult in such a situation to profess a concern for safety and to deny a duty such as I have described. As a result of the delay the patient sustained brain damage. English case law has developed, with various twists and turns, in the problematic field of factual causation. 64. The settlement of Watson's case against the. In consequence, the pupil fails to receive the appropriate educational treatment and, as a result, his educational progress is retarded, perhaps irreparably. Such treatment had been standard form in hospitals for many years prior to 1991. He held the Commonwealth middleweight title from 1989-1991. . It was Mr Walker's submission that there was no reliance. ", 38. Mr Watson was one of a defined number of boxing members of the Board. 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. The Board professes - I do not for one moment question its sincerity - its lively interest in his safety. 131. It can also result in disturbance of the processes of breathing so that insufficient air is taken into the lungs to ensure adequate oxidation of the blood. 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.". 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. 93. 2. The members of the Board are those who are involved in professional boxing. A duty of care at this stage had been conceded by the Ministry of Defence, but in Capital and Counties v. Hampshire this Court commented at p.1038 that this was not surprising as the deceased was under the command of the officer concerned. 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. 125. 81. 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. Mr Watson was put on a stretcher, which was placed on a trolley and wheeled towards the ambulance. There is a general reliance by the public on the fire service and the police to reduce those risks. 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. In my judgment there is a difference in principle between making Rules and giving advice, but it is not one which assists the Board. They have not succeeded. 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. 53. at p.262 which I have set out above. Each area had a Chief Medical Officer, whose duties included the approval of doctors who wished to serve as medical officers at boxing matches. 33. Thus it has been held that the prison service owes a duty of care to take reasonable steps to prevent prisoners from committing suicide. England and Wales Court of Appeal (Civil Division), Watson & British Boxing Board Of Control Ltd & Anor. 52. 3. for the existence of a duty of care were present. 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. Only full case reports are accepted in court. The third category is of particular importance in the context of this action. 343, Denning L.J. iii) to decide whether these principles should be applied so as to give rise to a duty of care in the present case. Resuscitation equipment should be at ringside along with person(s) capable of using it". His answer was that he was sure that these things were discussed but he could not remember. 42. 2. [2001] QB 1134 was a case of the Court of Appeal of England The facts of this case are not common to other sports. The Judge held that it was the duty of the Board, and of those advising it on medical matters, to be prospective in their thinking and to seek competent advice as to how a recognised danger could best be combated. "Here all that is clear is that on the balance of probabilities the Claimant's present state would have been materially better than it actually is. In 1991 the Board had about twelve hundred licence holders and members of which about five hundred and fifty were active boxers. At the end of the contest one doctor remains ringside, the other should follow both contestants back to the dressing room and should at least check that both boxers are in a satisfactory condition and if not instigate any treatment that is required, preferably in the treatment room provided. A boxer member of the Board would not be aware of the details of all these matters. However, should this not be so, then the boxer's gumshield should be removed, an adequate airway established and the boxer put on his left side so that should he fit or vomit he will not obstruct his airway. 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. Please log in or sign up for a free trial to access this feature. The Board had, or had available, medical expertise. The Board next drew attention to evidence that a member of the public having sustained brain damage in a road accident would not expect to receive from the ambulance attending the scene the resuscitation service which the Judge held should have been available at the ringside. 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. This contention had some similarities to submissions made in relation to the Popular Flying Association in Perrett v Collins. 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. Michael Alexander Watson v British Boxing Board of Control Ltd, World Boxing Organisation Incorporated: CA 19 Dec 2000 The claimant was seriously injured in a professional boxing match governed by rules established by the defendant's rules. radio This is an argument which might appeal to boxing enthusiasts, but would not be accepted by the British Medical Association. Get 2 points on providing a valid reason for the above 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 Barrett v. Ministry of Defence [1995] 1 WLR a naval rating drank himself into a state of insensibility at the Royal Navy Air Station where he was serving. In particular they are boxers. Applied Barrett v Ministry of Defence CA 3-Jan-1995 The deceased was an off-duty naval airman. The head teacher, being responsible for the school, himself comes under a duty of care to exercise the reasonable skills of a headmaster in relation to such steps as a reasonable teacher would consider appropriate to try to deal with such under-performance. For these reasons I would dismiss this appeal. 106. 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. 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. The physical safety of boxers has always been a prime concern of the Board. In support of that proposition Mr. Walker relied upon X v Bedfordshire CC and Stovin v Wise [1996] AC 923. 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. The association exists to facilitate amateurs to enjoy facilities for flying light aircraft. This argument was allied to Mr Walker's submission that the Judge should not have found that the rules should have required immediate medical attention to be given to a boxer where his physical condition led to the contest being stopped. [7] Paying the compensation granted to Watson, which was eventually reduced to 400,000, led to the BBBC selling their London headquarters and moving to Wales. 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". I shall revert to the details of this when I come to consider the question of breach. 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 contended that this was unjustifiable, since it would require Rules which in effect instructed doctors as to how to perform their duties. 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. Michael Watson was injured in a boxing match supervised by the British Boxing Board of Control (BBBofC or BBBC), which was expected to provide medical care. So far I have not dealt with the question of reliance by Mr Watson on the exercise of care by the Board. Boxing members of the Board, including Mr Watson, could reasonably rely upon the Board to look after their safety. The position is directly analogous with a hospital conducted, formerly by a local authority now by a health authority, in exercise of statutory powers. 28. These rules included provisions for medical inspection of boxers and for the attendance of two doctors at a fight. 96. The vessel sailed and sank a few days later with the loss of the cargo. The word puzzle answer watson v british boxing board of control 2001 has these clues in the Sporcle Puzzle Library. 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. It made provision in its Rules for the medical precautions to be employed and made compliance with these Rules mandatory. It was foreseeable that the claimant could suffer personal injuries if there was delay. The provision made by those rules in relation to medical assistance was plain. In my judgment, there must be an affirmative answer to that question. 1, 43-44, where he said: "It is preferable, in my view, that the law should develop novel categories of negligence incrementally and by analogy with established categories, rather than by a massive extension of a prima facie duty of care restrained only by indefinable `considerations which ought to negative, or to reduce or limit the scope of the duty or the class of person to whom it is owed.". The peculiar features of the duty of care alleged are as follows: i) the duty alleged is not to take reasonable care to avoid causing personal injury. If the boxer remains unconscious, then full emergency procedures should be undertaken, the stretcher placed in the ring, the boxer very carefully transferred to it, preferably by skilled handlers and, if needs be, the other doctor should by then have rung ambulance control and have contacted the local hospital to inform them of the problem. 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. Contracts between boxer and manager and boxer and promoter have to be in standard form, providing expressly that the parties will observe the Board's rules. He was brought in by the education authority to assist it in carrying out its educational functions. Match. The facilities provided accorded with the advice to medical officers issued by the Board's Medical Committee, to which I referred earlier. .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. The latter have the role of protecting the public in general against risks, which they play no part in creating. 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. It seems to me that this is almost implicit in Mr Walker's argument that to issue such a requirement expressly, was to instruct a doctor as to how to perform his duty. 128. B. 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." He criticised the Judge for saying that there was no difference in principle between "giving advice about safety and laying down rules to provide for safety". 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. 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. He rejected it, holding that the standard to be expected of an ambulance dealing with every kind of medical emergency was not the same as the standard to be expected from those making provision for a particular and serious risk which was one of a limited number likely to arise. There is no doubt that once the relationship of doctor and patient or hospital authority and admitted patient exists, the doctor or the hospital owe a duty to take reasonable care to effect a cure, not merely to prevent further harm. 9. In 1989 it was incorporated as a company limited by guarantee. 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. He gave evidence that he agreed with Mr Hamlyn's views. In the chaos that then ensued, Mr Watson was surrounded by his team, which included a number of bodyguards. One issue in each case was whether, on these facts, it could be argued that the local authority had been either directly or vicariously, in breach of a duty of care owed to the child under common law. 7. [1988] 1 AC 1074 at 1090; and Hotson v East Berkshire Area Health Authority [1987] 1 AC 750 at 783. 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 educational psychologist was professionally qualified. 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. I consider that the Judge was entitled to conclude that there was in this case reliance by Mr Watson on the exercise of skill and care by the Board in looking after his safety. This involves intubation, or the insertion of an endotracheal tube. In the leading judgment Hobhouse L.J. Moreover, the tendering of any advice will in many cases involve interviewing and, in the case of doctors, examining the child. The Board exercises its control of professional boxing through a system of eight Area Councils, subject to overall control by Stewards and Committees. Of course.these three matters overlap with each other and are really facets of the same thing. As already stated, no tournament is allowed to commence or continue without one doctor sitting ringside. 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 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. "The Board does not create the danger. 95. Administrative, Personal Injury, Negligence, Updated: 02 November 2021; Ref: scu.135634. I would simply comment that if the Board were given the statutory function of directing what medical assistance should be provided to boxers at the stadium, I consider that it would be at least arguable that they owed boxers a duty of care in exercising that function. 85) or a producer may be liable for the absence of an adequate warning on the labelling of his product (e.g. One group of cases involved statutory duties imposed on local authorities for the purpose of protecting children from child abuse. The Judge summarised his findings on the facts as follows:-. See Hedley Byrne & Co. Ltd. v Heller & Partners Ltd [1964] AC 465 and Henderson v Merrett Syndicates Ltd [1995] 2 AC 145. 88. Indeed it is difficult to resist a conclusion that what have been treated as three separate requirements are, at least in most cases, in fact merely facets of the same thing, for in some cases the degree of foreseeability is such that it is from that alone that the requisite proximity can be deduced, whilst in others the absence of that essential relationship can most rationally be attributed simply to the court's view that it would not be fair and reasonable to hold the defendant responsible. 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)). 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. contains alphabet). 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. Of these, the vast majority were semi-professional. 13. 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.". A. 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. Had he been asked in the period before the Eubank/Watson fight to advise on precautions in relation to the risk of serious head injury, he said that he would have given the same advice as Mr Hamlyn. The company, as the Popular Flying Association, appoint inspectors for the purpose of, among other things, inspecting aircraft during the course of their construction by members of the association and certifying whether the relevant work has been done to his "entire satisfaction" and the aircraft is in an airworthy condition.