Watson v British Boxing Board of Control
Encyclopedia
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. Michael Watson
was injured in a boxing match supervised by the British Boxing Board of Control
(BBBofC or BBBC), which was expected to provide medical care. This care was insufficient, and as such Watson was in a coma for 40 days, and spent 6 years in a wheelchair. After recovering consciousness, he sued the BBBC in negligence, and was awarded approximately £1 million by the High Court of Justice
, who determined that the relationship between the BBBC and Watson was sufficient to create a duty of care. This decision was upheld by the Court of Appeal of England and Wales
, who noted that the BBBC had a duty not only to ensure that injuries did not occur, but that injuries were properly treated.
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. 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. During the match Watson was knocked out by Eubank, and it was 7 minutes before doctors attended him; eventually 3 doctors and an ambulance were needed. He was given no oxygen, and first sent to a hospital which lacked a neurosurgery unit. Watson spent 40 days in a coma and 6 years in a wheelchair, with doctors initially predicting that he would never walk again. After recovering consciousness, he sued the BBBC, arguing that because they laid down the rules governing professional boxing that ensured his safety, they owed him a duty of care and should have ensured that he was properly and immediately treated.
, where Kennedy, J, gave his judgment on 24 September 1999, awarding Watson around £1 million in damages. 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. The case was then appealed to the Court of Appeal of England and Wales
, where a 3-judge panel consisting of Phillips MR
, May LJ
and Laws LJ
delivered their judgment on 19 December 2000. In an opinion read by Phillips MR, the court upheld Kennedy's decision, noting that it "broke new ground". 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". 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. 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.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
was a case of the Court of Appeal of England and Wales
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
that established an exception to the defence of consent to trespass to the person
Trespass in English law
Trespass in English law is an area of tort law broadly divided into three groups: trespass to the person, trespass to goods and trespass to land...
and an extension of the duty of care expected in cases of negligence. Michael Watson
Michael Watson
Michael Watson, MBE is a retired British boxer whose career ended prematurely as a result of near-fatal injury sustained in a WBO super-middleweight title fight defeat by Chris Eubank in September 1991....
was injured in a boxing match supervised by the British Boxing Board of Control
British Boxing Board of Control
The British Boxing Board of Control is the governing body of professional boxing in the United Kingdom. It was formed in 1929 from the old National Sporting Club and is headquartered in Cardiff.- Councils :...
(BBBofC or BBBC), which was expected to provide medical care. This care was insufficient, and as such Watson was in a coma for 40 days, and spent 6 years in a wheelchair. After recovering consciousness, he sued the BBBC in negligence, and was awarded approximately £1 million by the High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, who determined that the relationship between the BBBC and Watson was sufficient to create a duty of care. This decision was upheld by the Court of Appeal of England and Wales
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
, who noted that the BBBC had a duty not only to ensure that injuries did not occur, but that injuries were properly treated.
Facts
Michael WatsonMichael Watson
Michael Watson, MBE is a retired British boxer whose career ended prematurely as a result of near-fatal injury sustained in a WBO super-middleweight title fight defeat by Chris Eubank in September 1991....
was a boxer who, on 21 September 1991, fought Chris Eubank
Chris Eubank
Chris Eubank, Lord of the Manor of Brighton is a retired British boxer who held world titles at middleweight and super middleweight...
under the supervision of the British Boxing Board of Control
British Boxing Board of Control
The British Boxing Board of Control is the governing body of professional boxing in the United Kingdom. It was formed in 1929 from the old National Sporting Club and is headquartered in Cardiff.- Councils :...
(BBBC), the British professional boxing governing body. 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. During the match Watson was knocked out by Eubank, and it was 7 minutes before doctors attended him; eventually 3 doctors and an ambulance were needed. He was given no oxygen, and first sent to a hospital which lacked a neurosurgery unit. Watson spent 40 days in a coma and 6 years in a wheelchair, with doctors initially predicting that he would never walk again. After recovering consciousness, he sued the BBBC, arguing that because they laid down the rules governing professional boxing that ensured his safety, they owed him a duty of care and should have ensured that he was properly and immediately treated.
Judgment
The case first went to the High Court of JusticeHigh Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, where Kennedy, J, gave his judgment on 24 September 1999, awarding Watson around £1 million in damages. 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
Volenti non fit injuria
Volenti non fit injuria is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they will not be able to bring a claim against the other party in tort or delict...
) was not a consent to the inadequate safety measures. The case was then appealed to the Court of Appeal of England and Wales
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
, where a 3-judge panel consisting of Phillips MR
Nicholas Phillips, Baron Phillips of Worth Matravers
Nicholas Addison Phillips, Baron Phillips of Worth Matravers, KG PC is the President of the Supreme Court of the United Kingdom. Before 1 October 2009 his title was Senior Lord of Appeal in Ordinary. He was Master of the Rolls from 2000 to 2005 and Lord Chief Justice of England and Wales from 2005...
, May LJ
Anthony May (judge)
Sir Anthony Tristram Kenneth May, PC is a British judge.On 1 October 2008, he succeeded Sir Igor Judge as President of the Queen's Bench Division. He was called to the Bar in 1967, became a Queen's Counsel in 1979, and a Recorder in 1985. He was appointed to the Queen's Bench Division in 1991,...
and Laws LJ
John Laws (judge)
Sir John Grant McKenzie Laws , styled The Rt Hon. Lord Justice Laws, has been a Lord Justice of Appeal since 1999.-Early life:...
delivered their judgment on 19 December 2000. In an opinion read by Phillips MR, the court upheld Kennedy's decision, noting that it "broke new ground". 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". 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
Trespass in English law
Trespass in English law is an area of tort law broadly divided into three groups: trespass to the person, trespass to goods and trespass to land...
that a defendant will not be liable for personal harm caused in sporting matches which the claimant consents to. 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.