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. An ambulance should be on site from the start of the tournament, possibly with a crew of trained para-medics. Watson v British Boxing Board of Control[2001] QB 1134was a case of the Court of Appeal of England and Walesthat established an exception to the defence of consent to trespass to the personand an extension of the duty of care expected in cases of negligence. That phrase can be misleading in that it can suggest that the professional person must knowingly and deliberately accept responsibility. Beldam L.J. * Enter a valid Journal (must In Clay v. Crump & Sons Ltd [1964] 1 QB 133 a building worker was injured when a wall collapsed on him. 17. 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. 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. As part of the health service it should owe the same duty to members of the public as other parts of the health service. This reasoning was followed by the House of Lords in Phelps v Hillingdon Borough Council [2000] 3 WLR 776. 127. "The fact that it was a person who foreseeably would suffer further injuries by a delay in providing an ambulance, when there was no reason why it should not be provided, is important in establishing the necessary proximity and thus duty of care in this case. The child was in a singularly vulnerable position. This point was put to the Judge. Held: A certifying . . Get 1 point on providing a valid sentiment to this 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. [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. No medical assistance was provided. 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 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. Contains public sector information licensed under the Open Government Licence v3.0. Watson v British Boxing Board, above Michael v South Wales Police, above ABC v St George's Healthcare NHS Trust . Mr Usherwood had authority, under an Order made pursuant to the Civil Aviation Act 1982 to certify that the aircraft was fit to fly. This can, of itself, result in the restriction of the supply of oxygen to the brain. 12. Mr Usherwood, who alone of those involved had technical expertise, might be the only person who had been negligent. 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. The Judge summarised his findings on the facts as follows:-. "As a general rule a sufficient relationship will exist when someone possessed of a special skill undertakes to apply that skill for the assistance of another person who relies upon such skill and there is direct and substantial reliance by the plaintiff on the defendant's skill. [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. That case involved four further claims by children against local education authorities for, among other things, negligently failing to address their special educational needs. She claimed in negligence and occupiers liability. True it is that, in the absence of a statutory power or duty, the authority could not offer such a service. 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. depending upon the court's attitude to the case before it. 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". 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. radio In 1991 there were only about 550 active boxers, of which almost all were semi-professional. This passage was approved by Lord Steyn when the case reached the House of Lords [1996] AC 211 at 235. Please log in or sign up for a free trial to access this feature. 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. Thus Mr Watson voluntarily submitted to any risk associated with inadequacy of medical safeguards. There was evidence that the Board's Medical Committee met regularly to consider medical precautions. First, Watson is apparently the first reported case in which the English "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. The next ground advanced by the Board in support of the contention that the Judge applied too high a standard, was that there was no evidence that any other boxing authority in the World imposed more rigorous requirements than those of the Board's rules. 79. In these circumstances the task is to look at the circumstances in which specific factors have given rise to the duty of care and to consider whether, on the facts of this case, they should also give rise to such a duty. 3.9 each boxer must be examined after every contest and a report sent to the Board or Area Council concerned if necessary. 112. The normal duty of a doctor to exercise reasonable skill and care is well established as a common law duty of care. Watson v British Boxing Board of Control (2001). These cases were distinguished in Kent v Griffiths [2000] 2 WLR 1158. The ambulance took him to North Middlesex Hospital, which was less than a mile away. In other words, he could have been resuscitated on site and then transferred for more specific care. In 1989 it was incorporated as a company limited by guarantee. 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. These considerations lead to the final point made by Mr Walker in the context of proximity. The defendant appealed against a finding of 25% responsibility in having failed to warn climbers that the existence of thick foam would not remove all . In Cassidy v Ministry of Health [1951] 2 K.B. These facts bring the Board into close proximity with each individual boxer who contracts with a promoter to fight under the Board's rules. This ground of appeal would have been unsustainable. 66. In 1990 Mr Watson had been involved in litigation with his manager, in which the Board had filed an Affidavit. 56. In these circumstances there was insufficient proximity between the Board and the objects of the duty. Because the facts of this case are so unusual, there is no category in which a duty of care has been established from which one can advance to this case by a small incremental step. Those limits have been found by the requirement of what has been called a "relationship of proximity" between plaintiff and defendant and by the imposition of a further requirements that the attachment of liability for harm which has occurred be "just and reasonable". There is no question but that anyone with the appropriate expertise would have advised such a system whatever reservations they may have had, as had Professor Teasdale, about its ultimate utility.". In my judgment there is a clear distinction between the role of the Board and the role of a fire service or the police service. 95. The Judge accepted that this was the case but ruled that in the final analysis that it was for the Court to determine whether even the most widely followed practice was acceptable. 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. 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. 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. Thereafter, when the defendant assumed responsibility for him, it accepts that the measures taken fell short of the standard reasonably to be expected. change. His conclusions as to duty are to be found in the following passages from his judgment. 65. 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. 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. 103. 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. Elr, Recueil JP 01.02 3 a) Case of Michels v USOC (United States Court of Appeals - 7th circuit, 16 August 1984)40 B. Lord Woolf M.R. In its statutory context the ambulance service is more properly described as part of the National Health Service than as a rescue service. On 21st September 1991 Michael Watson fought Chris Eubank for the World Boxing Organisation Super-Middleweight title at Tottenham Hotspur Football Club in London. 113. The aircraft crashed and the Plaintiff sustained personal injuries. 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. The Board's Medical Committee had issued detailed advice to Medical Officers in relation to their duty at the ringside which was in force at the time of the Watson/Eubank fight. Thereafter the effect of delay was less important, although brain damage occurred cumulatively until death. 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. Herbert Smith, London. 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. It is not necessary for a supposed tortfeasor to have created the danger himself. Match. 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. 48. 43. Throughout, the child was very dependent upon the expert's assessment. 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.
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