66. 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 principles alleged to give rise to a duty of care in this case are those of assumption of responsibility and reliance. 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. 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. The background to this case was described by Hobhouse L.J. If so, it is misguided. Mr Hamlyn said, and I accept, that there would have been very few British neurosurgeons who at this time would have questioned the need to put up a line and administer this diuretic in a case such as the present. 108. 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". Mr. Walker advanced five arguments in support of the proposition that there was insufficient proximity to give rise to a duty of care on the facts of this case. The child's parents will seldom be in a position to know whether the psychologist's advice was sound or not. 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. Appeal from Watson v British Board of Boxing Control QBD 12-Oct-1999 A governing body of a sport, had a duty to insist on arrangements for sporting events, held under its aegis, to ensure proper access to medical aid. Mr Watson received resuscitation and neuro-surgery in hospital in circumstances that I shall describe when I come to deal with causation. It is supplied to amateur flyers in a kit form which they can then assemble for themselves. The Judge summarised his findings on the facts as follows:-. By then, so he submitted, the evidence established that the damage would have been done. Lord Browne-Wilkinson answered this question in the affirmative. ", 38. He gave evidence that the WBO imposed no medical requirements in respect of the fight and that in these circumstances, the ordinary Board rules and policy would and did apply. In other words, he could have been resuscitated on site and then transferred for more specific care. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. The contest was sponsored not by the Board, but by the World Boxing Organisation (WBO). 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. In the leading judgment Hobhouse L.J. Resuscitation equipment should be at ringside along with person(s) capable of using it". All these matters lead me to conclude that the Judge was right to find that the Board was under a duty of care to Mr Watson. This contention had some similarities to submissions made in relation to the Popular Flying Association in. There was no contract between the parties, but boxers had to fight under the Board's rules. The educational psychologist was professionally qualified. From at least 1959 the Board kept under review the medical safeguards that should be provided at a boxing contest in the light of developing medical knowledge, or purported so to do. The decision is of interest for several reasons. 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. 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. . 9. The plaintiffs submitted that that which is most closely analogous is that of doctor and patient or health authority and patient. So far I have not dealt with the question of reliance by Mr Watson on the exercise of care by the Board. The occurrence of a haematoma could not have been prevented but its effects could have been mitigated. 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.". 5. 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. 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. Held: There is a close link between the tests in law for proximity . 81. [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. 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. Next Mr. Walker argued that the duty of care alleged was one owed for an indeterminate time to an indeterminate number of persons. The evidence of the expert witnesses called on behalf of Mr Watson was that the first ten minutes after loss of consciousness were critical. If any doubt arises concerning a boxer's condition then referral to a local hospital for emergency treatment or advice should be undertaken and a report sent to the Board. The Board argued that this demonstrated that the standard applied by the Judge was too high. The defendant company had a policy for achieving responsible gambling, . ii) to identify any categories of cases in which these principles have given rise to a duty of care, or conversely where they have not done so. It is to make regulations imposing on others the duty to achieve these results. If wrong information had not been given about the arrival of the ambulance, other means of transport could have been used". This contention had some similarities to submissions made in relation to the Popular Flying Association in Perrett v Collins. I turn to the distinctive features of this case. 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. English case law has developed, with various twists and turns, in the problematic field of factual causation. 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. The duty alleged is a duty owed to a determinate class - professional boxers who are members of the Board. 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. The board, however, went far beyond this. The provision made by those rules in relation to medical assistance was plain. Herbert Smith, London. 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? 34. What it does do does at least reduce the dangers inherent in professional boxing. 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.". Thus the necessary `proximity' was not made out. It does not follow that the decision in this case is the thin end of a wedge. Thereafter the effect of delay was less important, although brain damage occurred cumulatively until death. 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. This point was put to the Judge. [5] Phillips noted that the BBBC had taken control of medically supervising the sport, and that the duty of care was not just to avoid injuries, but "to ensure that injuries already sustained are properly treated". Watson faces 400,000 compensation limit | Boxing | The Guardian 74. While this may not be true of the volunteer who offers assistance at the scene of an accident, it will be true of a body whose purpose is or includes the provision of such assistance. .Cited Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions CA 5-Nov-2004 The claimants husband died when his car skidded on hoar frost. 28. 41. He sued the owner, Mr Usherwood and the Popular Flying Association ("the PFA"). Secondly, to identify any categories of cases in which these principles ii) rules designed to restrict the physical injuries that may be caused in the course of the fight; iii) rules designed to secure that a boxer receives appropriate medical attention when injured in the course of a fight. The promoters and the boxers do not themselves address considerations of safety. There are many instances of this. [6] This was an extension to the previous duty of care under negligence, and also serves as an exception to the rule under trespass to the person that a defendant will not be liable for personal harm caused in sporting matches which the claimant consents to. The Board accepted these recommendations and promulgated them by way of guidance. If it had in place the appropriate protocols for provision of medical care, the claimants injuries would not have been so severe. Nearly half an hour elapsed between the end of the fight and the time that he got there. * Enter a valid Journal (must Watson v British Boxing Board of Control (2001 . 114. It is not necessary for a supposed tortfeasor to have created the danger himself. 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. 45. Attempts have been made, within Parliament and outside, to bring about the banning of the sport of boxing.
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