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First published on Wed 5 Oct 2022 07.44 EDT The murky business of boxing was thrown into a fresh crisis when the promoter Eddie Hearn refused to accept a ruling by the British Boxing Board. The Plaintiffs were children with dyslexia. For these reasons I would dismiss this appeal. The patient can then be taken straight to the nearest neurosurgical unit. 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. [2] He was given no oxygen, and first sent to a hospital which lacked a neurosurgery unit. Of these, the vast majority were semi-professional. 66. 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. The child was in a singularly vulnerable position. The Board's assumption of responsibility in relation to medical care probably relieved the promoter of such responsibility. . The duty alleged is a duty owed to a determinate class - professional boxers who are members of the Board. Where a patient is brought unconscious to hospital as a result of intra-cranial bleeding, the practice is first to apply a process described as resuscitation or stabilisation. 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. The occurrence of a haematoma could not have been prevented but its effects could have been mitigated. The Judge did not rely upon the specific evidence given by Mr Watson about reliance. This involved taking precautions or giving instructions for them to be taken so that the work could be done with safety. A. A doctor, an accountant and an engineer are plainly such a person. In its statutory context the ambulance service is more properly described as part of the National Health Service than as a rescue service. The Board had, or had access to, specialist expertise in relation to appropriate standards of medical care. The background to this case was described by Hobhouse L.J. Thus the necessary `proximity' was not made out. 34. 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. Serious brain damage such as that suffered by Mr Watson, though happily an uncommon consequence of a boxing injury, represented the most serious risk posed by the sport and one that required to be addressed. This can, of itself, result in the restriction of the supply of oxygen to the brain. The time was now 23.08. 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. In these circumstances there was insufficient proximity between the Board and the objects of the duty. The contest was sponsored not by the Board, but by the World Boxing Organisation (WBO). Thereafter, when the defendant assumed responsibility for him, it accepts that the measures taken fell short of the standard reasonably to be expected. Whilst unattended he vomited and died as a result of inhaling his own vomit. In 1991 there were only about 550 active boxers, of which almost all were semi-professional. iii) to decide whether these principles should be applied so as to give rise to a duty of care in the present case. 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 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. 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. [2001] QB 1134 was a case of the Court of Appeal of England Treatment that should have been provided at the ringside. 75. 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. There is a general reliance by the public on the fire service and the police to reduce those risks. 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. Some boxers employed their own doctors. Get 1 point on providing a valid sentiment to this 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. However, despite an English doctor's professional duty to offer their assistance, thi. Moreover, since the professionals could foresee that negligent advice would damage the plaintiffs, they are liable to the plaintiffs for tendering such advice to the local authority Like the majority in the Court of Appeal, I cannot accept these arguments. The request for an ambulance was accepted. 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. change. Dr Ross, who was a member of the Medical Committee for a number of years before the Watson fight, was asked whether he remembered discussions about treatment in the ring of head injuries before that fight. Where there is a potential for physical injury, I do not believe that I have to go beyond the traditional concept of neighbourhood to find a duty where there is, as here, a clearly foreseeable danger. [3] Kennedy held that there was a "sufficient nexus" between Watson and the BBBC to create a duty of care, and that Watson's consent to the fight (which would normally be considered a defence of volenti non fit injuria) was not a consent to the inadequate safety measures. See Hedley Byrne & Co. Ltd. v Heller & Partners Ltd [1964] AC 465 and Henderson v Merrett Syndicates Ltd [1995] 2 AC 145. It would only have added three minutes or so if he had waited until he was summoned. considered the question of whether it was fair and reasonable to impose a duty of care. 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. 69. This seems to me to be, on its face, an example par excellence of a situation where the law will regard the professional as owing a duty of care to a third party as well as his own employer.". But although the cases in which the courts have imposed or withheld liability are capable of an approximate categorisation, one looks in vain for some common denominator by which the existence of the essential relationship can be tested. 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. They did not have the expertise in providing such resuscitation; nor did they have the necessary equipment. An operation was carried out to remove a moderate size haematoma and to close such veins as were found to be oozing blood. 23. 48. I shall have to examine the facts and reasoning in Perrett in due course, for Mr Mackay, QC, for Mr Watson has relied upon it as providing a close analogy with the present case. 3.10 The promoter shall procure that at all promotions a stretcher is available for use near the ring. 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. True it is that, in the absence of a statutory power or duty, the authority could not offer such a service. In support of that proposition Mr. Walker relied upon X v Bedfordshire CC and Stovin v Wise [1996] AC 923. Once resuscitation, or stabilisation has taken place, the next stage is neuro-surgery to remove the haematoma and seal any ruptured veins or arteries. I turn to the distinctive features of this case. Each emphatically concluded that it was. It is said, rightly, that in general such professional duty of care is owed irrespective of contract and can arise even where the professional assumes to act for the plaintiff pursuant to a contract with a third party: Henderson v Merrett Syndicates Ltd [1995] 2 AC 145; White v Jones [1995] 2 AC 207. There was chaos in and outside the ring and seven minutes elapsed before he was examined by one of the doctors who were in attendance. 54. held that, on the facts, a duty of care had existed. 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 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. . 44. This meant doctors able to intubate and put up a drip to treat the injured boxer immediately with Manitol. On the findings of the judge it was delay which caused the further injuries. What it does do does at least reduce the dangers inherent in professional boxing. 91. This has left him paralysed down the left side and with other physical and mental disability. The Board held itself out as treating the safety of boxers as of paramount importance. This may entail suturing of a wound, the assessment of the seriousness of any injury or maybe just simple advice concerning future training or contests. 132. In the leading speech Lord Slynn advanced the following statement of principle at pp.790-1: "As to the first question, it is long and well-established, now elementary, that persons exercising a particular skill or profession may owe a duty of care in the performance to people who it can be foreseen will be injured if due skill and care are not exercised, and if injury or damage can be shown to have been caused by the lack of care. The medical room should be situated in close proximity to the boxer's dressing rooms and be reasonable accessible to and from the ring. The duty will be owed to the victim of a road accident who is received by the hospital unconscious. My reaction is the same as that of Buxton L.J. Mr Watson was one of a defined number of boxing members of the Board. The evidence of the expert witnesses called on behalf of Mr Watson was that the first ten minutes after loss of consciousness were critical. 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. The ambulance took him to North Middlesex Hospital, which was less than a mile away. Whenever they accept a patient for treatment, they must use reasonable care and skill to cure him of his ailment.". 115. At least 20 minutes, and probably nearer 30 minutes, could have been saved. So may be an education officer performing the functions of a local education authority in regard to children with special educational needs. Lord Browne-Wilkinson answered this question in the affirmative. 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. This ground of appeal would have been unsustainable. 36. Thus a person may be liable for directing someone into a dangerous location (e.g. Nothing that I have heard persuades me that there was any impracticality, whether in terms of manpower or in cost to the promoters, in the Board having included such a requirement in their rules. 105. 50. In fact, it took very much longer than a few minutes to get to the hospital, for reasons that were not identified at the trial. ", 38. d) The rule that a boxer must be medically examined before every contest. 130. English case law has developed, with various twists and turns, in the problematic field of factual causation. Next Mr Walker argued that the Board did not create the danger of injury or the need for medical assistance. The witness best placed to deal with the consideration, if any, given to this matter would have been Mr Whiteson. These are explored in the authorities to which I have referred earlier. I consider that the Judge could properly have done so. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. But the claimant does not come even remotely . There are also reasons of public policy for not imposing a duty of care to individuals in relation to the performance of their functions. The Board professes - I do not for one moment question its sincerity - its lively interest in his safety. [1988] 1 AC 1074 at 1090; and Hotson v East Berkshire Area Health Authority [1987] 1 AC 750 at 783. By then, so he submitted, the evidence established that the damage would have been done. Watson v British Boxing Board, above Michael v South Wales Police, above ABC v St George's Healthcare NHS Trust . Similarly none of the particular difficulties which arise in relation to economic loss arise in relation to the causing of personal injury. 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. The Board has argued that until this accident no-one had suggested that they should institute this protocol. In the second case he reached the following conclusions of principle at p.766: "In my judgment a school which accepts a pupil assumes responsibility not only for his physical well being but also for his educational needs. 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. The members of the Board are those who are involved in professional boxing. It seems to me that the authorities support a principle that, where A places himself in a relationship to B in which Bs physical safety becomes dependant upon the acts and omissions of A, As conduct can suffice to impose on A a duty to exercise reasonable care for Bs safety. and Had the board simply given advice to all involved in professional boxing as to appropriate medical precautions, it would be strongly arguable that there was insufficient proximity between the board and individual boxers to give rise to a duty of care. 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. 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. ", The Regime Applying to the Contest Between Watson and Eubank. 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. Attempts have been made, within Parliament and outside, to bring about the banning of the sport of boxing. 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. 81. 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. In each case it was alleged that the professional in question negligently failed to diagnose dyslexia. It carried out this function by making and imposing rules dealing with the safety of boxers, by approving medical officers and by giving detailed guidance as to the qualifications and equipment those officers should bring to the ringside. 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. 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.". at p.262 which I have set out above. 94. Learn. Watson & British Boxing Board Of Control Ltd & Anor IN THE SUPREME COURT OF JUDICATURE Case No: QBENF1999/1137/A2 COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION (THE HON MR JUSTICE IAN KENNEDY) Tuesday 19th December 2000 THE MASTER OF THE ROLLS LORD JUSTICE MAY LORD JUSTICE LAWS Respondent/Claimant The Board controlled every aspect of that activity. We do not provide advice. 92. 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. QUIZ. The Board, however, went far beyond this. The board, however, went far beyond this. If PFA was not liable in negligence, the Plaintiff might be left without a remedy against anyone. The child has a learning difficulty. 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.