If so, it is misguided. 3. The Board assumes the responsibility of determining the nature of the medical facilities and assistance to be provided. 9. 6. "In Barnett v Chelsea & Kensington Management Committee [1969] 1 Q.B. This decision turned, essentially, on considerations of policy in relation to the role of a classification society in the context of the complex arrangements for sharing, limiting and insuring the risks inherent in carriage of goods by sea. 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. 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. 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 . Learn. In relation to two of the cases involving special educational needs, Lord Browne-Wilkinson reached a different conclusion. Michael Watson suffered a near-fatal brain injury and spent 40 days in a coma after boxing against Chris Eubank, who still struggles to comprehend what happened on that fateful night This stated that the Board was accepted as being the sole controlling body regulating professional boxing in the United Kingdom and stressed the importance that the Board place on ensuring the safety of boxers. 12. This would mean an appointment of a Senior Medical officer specifically for the major event and then two other doctors on duty to ensure that there were always two doctors at the ringside while a major contest was taking place.". (Rules 8.5 and 8.6). These are explored in the authorities to which I have referred earlier. 83. Mr Watson brought an action against the Board. 92. "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. There was evidence that the Board's Medical Committee met regularly to consider medical precautions. The final question is, to what extent? The diagnosis is hopelessly wrong. In addition to the two doctors required by the rules, there was, on the direction of the Board, a third medical officer present. There had been a number of similar cases in the 1980's. If authority is needed for this approach, it is to be found in the Judgment of the Court of Appeal in Perrett v Collins [1998] 2 LL.L.Rep. So far I have not dealt with the question of reliance by Mr Watson on the exercise of care by the Board. * Enter a valid Journal (must Once brought into contact with the plaintiffs, the professionals owed a duty properly to exercise their professional skills in dealing with their `patients', the plaintiffs. Furthermore, if an ambulance service is called and agrees to attend the patient, those caring for the patient normally abandon any attempt to find an alternative means of transport to the hospital". The education of the pupil is the very purpose for which the child goes to the school. The relevant findings of the Judge were as follows:-. The nature of that duty was recently considered by this Court in Capital and Counties PLC v. Hampshire C.C. Had the ambulance been, in fact, just as satisfactory, this would have meant that the absence of a Rule requiring such a facility would have had no causative effect. The history of the Board can be traced back to the middle of the nineteenth century, but the Board itself was constituted as an unincorporated association in 1929. 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. 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. This care was insufficient, and as such Watson was in a coma for 40 days, and spent 6 years in a wheelchair. The Board's assumption of responsibility in relation to medical care probably relieved the promoter of such responsibility. observed that there was no evidence of any of the asserted potential effects of a finding of negligence against PFA. The evidence of the expert witnesses called on behalf of Mr Watson was that the first ten minutes after loss of consciousness were critical. In 1991 its income was some 314,000 of which some 51,000 represented licence and application fees and about 224,000 `tournament tax', which I understand to represent a small percentage of the takings at boxing tournaments. Thereafter the effect of delay was less important, although brain damage occurred cumulatively until death. I found this submission unrealistic. At the North Middlesex Hospital he was intubated, that is an endotrachael tube was inserted, and he was given oxygen. 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.". She claimed in negligence and occupiers liability. The essence of Mr Watson's case is that there should have been a system under which such equipment would not merely be available, but used immediately in the event of a brain injury. Nearly half an hour elapsed between the end of the fight and the time that he got there. 50. This Court held that the Ministry of Defence had been under no duty of care to prevent the deceased from abusing alcohol to the extent that he did. 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 Judge summarised his findings on the facts as follows:-. 503 at p.517, per Lord Justice Cotton). The Board contends:-. The duty of the Board and of those advising it on medical matters, was to be prospective in their thinking and seek competent advice as to how a recognised danger could be combated. 84. 117. 8. By the time he received resuscitation in hospital he had sustained permanent brain damage which such treatment would have prevented. The ambulance should be prepared to go direct to the Neurological unit that had been placed on stand-by. 13. Ringside medical facilities were available, but did not provide immediate resuscitation. 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. The comparison drawn by Mr Walker between the Board and a rescuer is not apt. It is always better to err on the side of caution and even if a boxer has recovered sufficiently to leave the ring unaided, if and when he returns to the dressing room he exhibits any sign of persistent concussion or admits to any persistent headaches, visual disturbance or vomiting he should be immediately transferred to the local hospital where the expert advice of Neurologists and Neurosurgeons can be obtained. 104. He suffered severe brain damage after being injuredduring a match. 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 latter have the role of protecting the public in general against risks, which they play no part in creating. 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. In support of that proposition Mr. Walker relied upon, 79. 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. It was the evidence of Mr Watson's experts that, while brain damage of the type I have described is cumulative, what happens in the first ten minutes is particularly critical. 26. Mr Watson suffered such an injury when he was knocked down in the eleventh round. I consider that the Judge could properly have done so. Of course.these three matters overlap with each other and are really facets of the same thing. The claimant was seriously injured in a professional boxing match governed by rules established by the defendants rules. He was also given an injection of Manitol, a diuretic that can have the effect of reducing swelling of the brain. The Board professes - I do not for one moment question its sincerity - its lively interest in his safety. Clearly, they look to the Board's stipulations as providing the appropriate standard. 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. He was brought in by the education authority to assist it in carrying out its educational functions. Please log in or sign up for a free trial to access this feature. Michael Watson MBE, born 15 March 1965, is a British former professional boxer who competed from 1984-1991. Thus the Board was a body with special knowledge giving advice to a defined class of persons in the knowledge that it would rely upon that advice in the defined situation of boxing contests. Lord Steyn stated:-, "Since the decision in Dorset Yacht Co. v The Home Office [1970] AC 1004, it has been settled law that the elements of foreseeability and proximity as well as considerations of fairness, justice and reasonableness are relevant to all cases whatever the nature of the harm sustained by the plaintiff..". 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. The Board's Medical Committee met to consider these on the 22nd October 1991 and made recommendations which included the following: "1 The nearest hospital with a neurological unit should be notified of the date of each tournament held under the Board's jurisdiction and must be on alert in case of serious head injury. [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". 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.
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