Many of the matters considered under the heading of proximity are also relevant to the question of whether it is fair, just and reasonable to impose a duty of care in this case. 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.". 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. that the negligence alleged fell into the category of directly causing foreseeable personal injury, both he and Swinton Thomas L.J. Mr Watson was the third boxer on whom Mr Hamlyn had operated for similar injuries. 29. The BBBC had a series of rules on the medical coverage needed for boxing matches, which required two doctors to be present at all times. 1, 43-44, where he said: "It is preferable, in my view, that the law should develop novel categories of negligence incrementally and by analogy with established categories, rather than by a massive extension of a prima facie duty of care restrained only by indefinable `considerations which ought to negative, or to reduce or limit the scope of the duty or the class of person to whom it is owed.". This involved taking precautions or giving instructions for them to be taken so that the work could be done with safety. In such circumstances A's conduct can accurately be described as the assumption of responsibility for B, whether `responsibility' is given its lay or legal meaning. The distinction between negligent misstatement and other forms of conduct ceases to be legally relevant, although it may have a factual relevance to foresight or causation. The following rules fall into this category: 3.8 The promoter shall procure that two doctors, who must be approved by the Area Medical Officer, attend at all promotions, one of whom must be seated at the ringside at all times during the contest. There are features of this case which are extraordinary, if not unique. ", 38. Test. 70. Since the seminal case of Condon v Basi [1985] . 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. At the North Middlesex Hospital he was intubated, that is an endotrachael tube was inserted, and he was given oxygen. While Buxton L.J. ii) the duty alleged is not directly, through the servants or agents of the Board to provide proper facilities and administer proper treatment to those injured. The Board, however, went far beyond this. 112. Treatment that should have been provided at the ringside. In that case a doctor phoned for an ambulance to take to hospital urgently a patient who had suffered an asthma attack. He submitted that, having regard to the chaos prevailing at the end of the fight, Mr Watson would not have received medical attention for seven minutes, even if the Hamlyn protocol had been in place. The Board contends:-. 63. There was evidence that the Board's Medical Committee met regularly to consider medical precautions. 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? Later in the judgment the Judge suggested, by implication, that the Board's rules should have included a requirement that a boxer who was knocked out, or seemed unfit to defend himself, should be immediately seen by a doctor. But the claimant does not come even remotely . By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. The patient is then artificially ventilated through this tube with oxygen. Such duty does not depend on the existence of any contractual relationship between the person causing and the person suffering the damage. The BBBC had a series of rules on the medical coverage needed for boxing matches, which required two doctors to be present at all times. In fact the Board had required a third doctor to be present and that an ambulance should be in attendance. Similarly none of the particular difficulties which arise in relation to economic loss arise in relation to the causing of personal injury. A doctor, an accountant and an engineer are plainly such a person. 74. These rules included provisions for medical inspection of boxers and for the attendance of two doctors at a fight. Questions of what was fair and reasonable did not arise. Hobhouse L.J. 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. The third category is of particular importance in the context of this action. 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. 87. This did not, however, affect the position so far as responsibility for the safety of the boxers was concerned. A little later he said "As Chief Medical Officer, my approach has always been that preventative controls are the key to making a physically hazardous sport as safe as possibleour interest in preventative controls covers the whole gamut of professional boxing.". In the final round, Watson lost consciousness and was taken to the hospital, arriving there nearly half an hour after the end of the fight and received resuscitation treatment. 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. Boxer members of the Board, including Mr Watson, could reasonably rely upon the Board to have taken reasonable care in making provision for their safety. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Since 1929 the Board has been and continues to be the sole controlling body regulating professional boxing in the United Kingdom. On the law relied upon by the Judge, this was all that Mr Watson needed to succeed. First he submitted that the Board exercises a public function which it has assumed for the public good. 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. The Board was involved in an activity which gave it, not merely a measure of control, but complete control over and a responsibility for a situation which would be liable to result in injury to Mr Watson if reasonable care was not exercised by the Board. Efforts continue and will continue to improve safety standards and these efforts are and were on-going prior to the Watson fight.". "Proximity" is, no doubt, a convenient expression as long as it is realised that it is no more than a label which embraces not a definable concept but merely a description of circumstances from which pragmatically, the courts conclude that a duty of care exists.". 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. 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 It has limited liability. Accordingly, I am left in no doubt that the Board was in breach of its duty in that it did not institute some such system or protocol as Mr Hamlyn was to propose. 3. Considerations of insurance are not relevant. 66. The referee stopped the fight in the final round when Watson appeared to be unable to defend himself. 90. considered the question of whether it was fair and reasonable to impose a duty of care. 120. Its experience, contacts and resources exceed his own. As I read the judgment the duty of care turned upon the acceptance by the ambulance service of the request to provide an ambulance and thus the acceptance of responsibility for the care of the particular patient. 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. 6. In the event those same procedures could not have been begun before 23.25 at the earliest, to allow some time for an examination after the claimant's recorded time of arrival at the North Middlesex. Held: A body which had responsibility for licensing and setting conditions for the boxing matches was liable in negligence when, having assumed responsibility for the boxers medical care, the standards it set were inadequate. It is on this basis that it is possible to draw a distinction between the doctor who goes to the assistance of the victim of a road accident and the hospital that receives that victim into its casualty department. Dr Ross, the Board's Chief Medical Officer for the Southern Area, was asked why the Medical Committee did not make the recommendations made after Mr Watson's injuries at an earlier stage. He had particular experience of brain injuries caused by sporting activities. 21. As part of the health service it should owe the same duty to members of the public as other parts of the health service. It was open to Mr Watson to provide, or to stipulate for the promoter to provide, additional medical precautions. This has left him paralysed down the left side and with other physical and mental disability. The social workers and the psychiatrists were retained by the local authority to advise the local authority, not the plaintiffs. He said that a report had identified the risks. But at the same time it countenances and gives its blessing to contests where the safety arrangements are those of its making. The relevant allegations of negligence can be summarised as follows: * The Board failed to inform itself adequately about the risks inherent in a blow to the head; * The Board failed to require the provision of resuscitation equipment at the venue, together with the presence of persons capable of operating such equipment. The most obvious category of case of a duty of care to administer medical treatment to restrict the consequences of injury or illness, or to effect a cure, is that of the duty owed by a doctor or a hospital authority to a patient. 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. At least 20 minutes, and probably nearer 30 minutes, could have been saved. Watson v British Boxing Board of Control [2001] QB 1734 - Law Journals Case: Watson v British Boxing Board of Control [2001] QB 1734 Case Report: Andrew Risk v Rose Bruford College [2013] EWHC 3869 (QB) 12 King's Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | March 2014 #123 79. The claim was based upon the alleged negligent failure of the defendant to enforce disciplinary regulations against drunkenness so as to protect the deceased against his own known proclivity for alcohol . These are explored in the authorities to which I have referred earlier. I find this distinction between instructions as to duties and instructions as to how to perform duties elusive and over subtle. 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. 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.". 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. The defendant said that the report was preliminary only and could not found a . Establish an accurate diagnosis as to the intracranial pathology. . The ambulance took him to North Middlesex Hospital, which was less than a mile away. Flashcards. Citation. Only full case reports are accepted in court. 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. 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. Study with Quizlet and memorize flashcards containing terms like Robinson v Chief Constable of West Yorkshire Police 2014, East Suffix River Catchment Board v Kent, Reeves v Commissioner of Police and more. The referee stopped the fight in the final round when Watson appeared to be unable to defend himself. 72. Before making any decision, you must read the full case report and take professional advice as appropriate. Therefore, it is likely that injuries arising from such play occur frequently but when do they occur as an act of negligence? Lord Woolf M.R. The local hospital was close to the boxing ring and therefore the transfer occurred very quickly and during this period of time, as far as I can ascertain, his condition was satisfactory and the insertion of an endotrachael tube was not absolutely necessary. One group of cases involved statutory duties imposed on local authorities for the purpose of protecting children from child abuse. The undertaking is to use the special skills which the doctor and hospital authorities have to treat the patient. His comment that "it would only have added three minutes or so if he had waited until he was summoned" suggests to the contrary. The Board's assumption of responsibility in relation to medical care probably relieved the promoter of such responsibility. 61. One issue in each case was whether, on these facts, it could be argued that the local authority had been either directly or vicariously, in breach of a duty of care owed to the child under common law. The child was in a singularly vulnerable position. It is a duty to take reasonable care to ensure that personal injuries already sustained are properly treated. 3. 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He was brought in by the education authority to assist it in carrying out its educational functions. He received only occasional visits of inspection by the duty ratings. "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. Lord Browne-Wilkinson answered this question in the affirmative. 93. In this way the Board reduces this aspect of the promoter's responsibility to the boxer to the contractual obligation to comply with the requirements of the Board's Rules in relation to the provision of medical facilities and assistance. By opening its doors to others to take advantage of the service offered, it comes under a duty of care to those using the service to exercise care in its conduct. These considerations lead to the final point made by Mr Walker in the context of proximity. Mr Watson was put on a stretcher, which was placed on a trolley and wheeled towards the ambulance. Study with Quizlet and memorize flashcards containing terms like Alexandrou v Oxford (1933), Maguire v Harland & Wolff PLC (2005), Calvert v William Hill (2008) and more. "There is always a risk, and the pool from which professional boxers tend to be recruited is unlikely to be one with an innate or well-informed concern about safety, and one may ask why should the individual boxer not rely on the Board's arrangements? Each venue must have a room set aside exclusively for medical purposes. 59. In 1989 it was incorporated as a company limited by guarantee. Elr, Recueil JP 01.02 3 a) Case of Michels v USOC (United States Court of Appeals - 7th circuit, 16 August 1984)40 B. 114. In the course of his work he assesses a pupil whose lack of progress at school has been causing concern all round: to teachers and parents alike. It is sometimes said that there has to be an assumption of responsibility by the person concerned. He suffered severe brain damage after being injuredduring a match. This passage was approved by Lord Steyn when the case reached the House of Lords [1996] AC 211 at 235. The doctors who were actually present were not aware of the desirability of immediate resuscitation of a victim with a brain haemorrhage. Thus the necessary `proximity' was not made out. 99. In my judgment, there must be an affirmative answer to that question. The purpose of his assessment was to enable him to give expert advice to the education authority about the child. 47. Without it, the system of personal injury compensation would not have survived. If it was held liable it might withdraw from its work, or have to pass on the cost of increased insurance to the detriment of small aircraft operators. The owner of the aircraft took off, with the Plaintiff onboard as a passenger. Thus it has been held that the prison service owes a duty of care to take reasonable steps to prevent prisoners from committing suicide. Moreover, it is clear that no such duty of care exists, even though there may be close physical proximity, simply because one party is a doctor and the other has a medical problem which may be of interest to both". 86. Herbert Smith, London. At the third stage, questions of `proximity' and of what is `fair, just and reasonable' have to be considered. He distinguished the fire and police `rescue' cases on the ground that: "This was not a case of general reliance, but specific reliance. A primary injury such as that described can have secondary consequences which are much more serious. Had the Board's rules required Mr Hamlyn's protocol to be put in place, the doctors present could have been expected to have resorted to resuscitation. What it does do does at least reduce the dangers inherent in professional boxing. In the leading judgment Hobhouse L.J. It is to make regulations imposing on others the duty to achieve these results. Once resuscitation, or stabilisation has taken place, the next stage is neuro-surgery to remove the haematoma and seal any ruptured veins or arteries. ", 126. the concern of the Board for the physical safety of boxers is reflected in many of the Board's rules and regulations. This sequence can result in cumulative damage to the brain, leading sooner or later to death. 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.