The material passages of this advice were as follows:-. The acceptance of the call in this case established the duty of care. Click here to remove this judgment from your profile. [3] Watson spent 40 days in a coma and 6 years in a wheelchair, with doctors initially predicting that he would never walk again. Tutorial 3 ( Sport Law) - LIA3030 SPORTS LAW TUTORIAL 3 1. Explain v 5. 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 am in no doubt that the Judge's decision broke new ground in the law of negligence. So in my view is an educational psychologist or psychiatrist and a teacher including a teacher in a specialised area, such as a teacher concerned with children having special educational needs. The Court of Appeal drew a correct analogy with the doctor instructed by an insurance company to examine an applicant for the life insurance. 13. In this the Judge was correct. He did so, notwithstanding, so it was alleged, that the mismatch between gearbox and propeller made the aircraft unairworthy. Throughout these contests the boxers' performance should be noted and any untoward medical problems arising should be reported to the Area Council or Board. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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. 255.". James George, James George. Radio Times - February 1117 2023 - Free ebook download as PDF File (.pdf), Text File (.txt) or read book online for free. 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. I do not find this surprising. Any such inspector has to be approved by the association". 21. 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". It has the ability to require of promoters what it sees as good practice. 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". Thus the. so-called requirements for a duty of care are not to be treated as wholly separate and distinct requirements but rather as convenient and helpful approaches to the pragmatic question whether a duty should be imposed in any given case. 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. The Board contends:-. 22. Herbert Smith, London. Mr Watson received resuscitation and neuro-surgery in hospital in circumstances that I shall describe when I come to deal with causation. In that case Hobhouse L.J. In accordance with normal practice, the medical officers for the contest were nominated by the Southern Area Council. He had particular experience of brain injuries caused by sporting activities. But at the same time it countenances and gives its blessing to contests where the safety arrangements are those of its making. 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. Michael Watson was injured in a boxing match supervised by the British Boxing Board of Control (BBBofC or BBBC), which was expected to . ii) The Board assumed responsibility for determining the details of the medical care and facilities which would be provided by way of immediate treatment of those who received personal injuries while taking part in the activity. Mr Watson brought an action against the Board. 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. 103. 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. expounded the relevant principles of law in the following passages: "A minimum requirement of particularity and contemplation is required. 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. 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 such a case the authority running the hospital is under a duty to those whom it admits to exercise reasonable care in the way it runs it: see Gold v Essex County Council [1942] 2 K.B. Herbert Smith, London. The arrival of the ambulance was greatly delayed without any reasonable explanation. 6. Lord Nicholls posed and answered the following question at p.802: "Take a case where an educational psychologist is employed by an education authority. "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. Watson v British Boxing Board of Control Ltd and Another Attempts have been made, within Parliament and outside, to bring about the banning of the sport of boxing. PDF Watson v British Boxing Board of Control: Negligent Rule-Making in the watson v british boxing board of control 2001 case b) A limit on the number of rounds to twelve (Rule 3.7). "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. Watson claimed that the British Boxing Board of Control had been under a duty of care to ensure that all reasonable steps were taken to provide immediate and effective medical attention and treatment in the event of his sustaining an injury, and he argued that the Board had breached that duty by not providing resuscitation treatment at ringside. Brain Injuries in Sport: Remedies under English Law At p.1172 he summarised his conclusion as follows:-. The normal duty of a doctor to exercise reasonable skill and care is well established as a common law duty of care. Trespass in English law and Related Topics - hyperleap.com 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. The L.A.S. The Board professes - I do not for one moment question its sincerity - its lively interest in his safety. 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. I think that the Judge was right. Watson v British Boxing Board of Control - Wikipedia A doctor must be available to give immediate attention to any boxer should this be required. The position is directly analogous with a hospital conducted, formerly by a local authority now by a health authority, in exercise of statutory powers. To hold that, in such circumstances, the head teacher could properly ignore the matter and make no attempt to deal with it would fly in the face, not only of society's expectations of what a school will provide, but also the fine traditions of the teaching profession itself. PFA was not a commercial undertaking. 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. 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. 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. 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. iii) that the breach of duty alleged did not cause Mr Watson's injuries. Stabilise the patient's condition by maintaining an air way and maintaining ventilation. It acts as a regulatory rule making body. In the chaos that then ensued, Mr Watson was surrounded by his team, which included a number of bodyguards. Mr Watson should have been resuscitated on losing consciousness and then taken directly to the nearest hospital with a neurosurgical capability, which should have been standing by to operate without delay. In the leading judgment Hobhouse L.J. Medical knowledge does not enable one to say what, on the balance of probabilities, would have been the outcome if the protocol had been in place and followed. 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. 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. 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.
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