Summary
A private sporting regulator may owe participants a duty to use reasonable care when it controls the safety arrangements for an inherently dangerous activity. The duty may extend to rules governing treatment of injuries already sustained.
Proximity may arise where the regulator controls the relevant activity and medical precautions, possesses specialist expertise, addresses a defined and vulnerable class, and knows that participants reasonably rely on its arrangements. The ordinary standard of reasonable skill and care applies. A regulator must obtain competent advice and consider prospectively how recognised risks should be addressed. Liability follows where reasonable precautions would probably have produced a materially better medical outcome.
Factual background
During a professional boxing contest conducted under the appellant Board's rules, the claimant sustained a brain haemorrhage. He did not receive immediate ringside resuscitation and suffered permanent brain damage. He alleged that the Board should have required suitable equipment, trained personnel, immediate examination and direct transfer to a neurosurgical unit.
Ian Kennedy J gave judgment for the claimant. The Board appealed against the findings that it owed and breached a duty of care and that the breach caused the claimant's injury. The central questions were whether the Board's control of professional boxing and its medical arrangements created sufficient proximity, whether reasonable care required a ringside resuscitation protocol, and whether that protocol would probably have improved the outcome.
Held
Appeal dismissed unanimously. Lord Phillips MR delivered the judgment, with which May and Laws LJJ agreed. The Board owed the claimant a duty to take reasonable care when determining the medical facilities and assistance required at professional boxing contests.
The duty arose from the Board's distinctive position. It sponsored, encouraged and completely controlled an activity involving inevitable physical injury. It prescribed mandatory medical arrangements for a small and defined class of boxer members, possessed or could obtain specialist expertise, and held itself out as treating their safety as paramount. Boxers could reasonably rely upon it to exercise care. The duty was fair, just and reasonable notwithstanding that this represented a novel application of negligence principles.
The Board did more than offer general safety advice. Its mandatory rules effectively determined what medical protection promoters supplied and probably displaced the responsibility that promoters would otherwise bear. This created close proximity between the Board and each boxer competing under its rules. The decision did not establish a general immunity or liability for all sporting regulators; other sports would require consideration of their own facts.
The applicable standard was ordinary reasonable skill and care, not the public-law standard of irrationality. The Board had to think prospectively, obtain competent advice and address the recognised risk of serious head injury. Reasonable care required a system providing ringside resuscitation equipment, personnel trained to intubate and ventilate, and arrangements for prompt transfer to a neurosurgical unit. The practices of other boxing authorities did not determine whether the Board's arrangements were reasonable.
The trial judge was entitled to find causation. Under the required protocol, resuscitation would probably have begun at least 20 and perhaps 30 minutes earlier. Although the precise improvement could not be measured, earlier treatment would probably have produced a significantly better outcome. On the causation principles relied upon by the judge, that finding entitled the claimant to recover fully.
The court’s approach to earlier authorities
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Appellate history
Court of Appeal: The Board's appeal was dismissed unanimously. The findings on duty, breach and causation were upheld. Permission to appeal to the House of Lords was refused.
High Court, Queen's Bench Division: Ian Kennedy J gave judgment for the claimant on 24 September 1999, holding that the Board owed and breached a duty of care and that the breach caused compensable injury.
Appeal route
- Appealed fromNot stated in the judgmentThis appealappeal dismissed unanimously
- This judgment [2001] QB 1134 Court of Appeal
Key cases cited
21 authorities cited.
- Phelps v Hillingdon London Borough Council (Anderton v Clwyd County Council, G (A Minor) v Bromley London Borough Council, Jarvis v Hampshire County Council) [2001] 2 AC 619
- Stovin v Wise (Norfolk County Council, third party) [1996] AC 923
- Marc Rich & Co AG v Bishop Rock Marine Co Ltd (The Nicholas H) [1996] AC 211
- X (Minors) v Bedfordshire County Council [1995] 2 AC 633
- Henderson v Merrett Syndicates Ltd (Feltrim Underwriting Agencies Ltd v Arbuthnott, Gooda Walker Ltd v Deeny, Hughes v Merrett Syndicates Ltd, Hallam-Eames v Merrett Syndicates Ltd, The Lloyd’s Litigation: the Merrett, Gooda Walker and Feltrim Cases) [1995] 2 AC 145
- R v Brown (Anthony) (R v Carter (Christopher), R v Jaggard, R v Laskey, R v Lucas) [1994] 1 AC 212
- Caparo Industries plc v Dickman [1990] 2 AC 605
- Wilsher v Essex Area Health Authority [1988] AC 1074
- Hotson v East Berkshire Health Authority [1987] AC 750
- McGhee v National Coal Board [1973] 1 WLR 1
- Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465
- Kent v Griffiths [2001] QB 36
- PERRETT v. COLLINS AND OTHERS [1998] 2 Lloyd's Rep 255
- Capital & Counties plc v Hampshire County Council (Church of Jesus Christ of Latter-Day Saints (Great Britain) v West Yorkshire Fire and Civil Defence Authority, Digital Equipment Co Ltd v Hampshire County Council) [1997] QB 1004
- Barrett v Ministry of Defence [1995] 1 WLR 1217
- Sutherland Shire Council v Heyman (1985) 60 A.L.R. 1
- Marc Rich & Co AG v Bishop Rock Marine Co Ltd (The Nicholas H) [1994] 1 WLR 1071
- Alexandrou v Oxford [1993] 4 All ER 328
- Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428
- Stokes v Guest, Keen and Nettlefold (Bolts and Nuts) Ltd [1968] 1 WLR 1776
- Cassidy v Ministry of Health [1951] 2 KB 343
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Cases citing this case
11 later cases · 2 positive · 9 caution
Most senior citing decisions:
- Sutradhar (FC) (Appellant) v. Natural Environment Research Council (Respondents) [2006] UKHL 33 distinguished
- Biddick (Deceased) , Representatives of the Estate of v Morcom [2014] EWCA Civ 182 explained
- Rice & Anor v Secretary of State for Trade & Industry & Anor [2007] EWCA Civ 289 applied
- Sandhar & Anor v Department of Transport, Environment & Regions [2004] EWCA Civ 1440
- Sutradhar v Natural Environment Research Council [2004] EWCA Civ 175
- Cassley & Ors v GMP Securities Europe LLP & Ors [2015] EWHC 722 (QB)
- Yates v National Trust [2014] EWHC 222 (QB)
- Risk v College [2013] EWHC 3869 (QB)
- Geary v JD Wetherspoon Plc [2011] EWHC 1506 (QB)
- Calvert v William Hill Credit Ltd [2008] EWHC 454 (Ch)
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