Negligence

Duty of care - professional boxer injured during fight suffering permanent brain damage through delay in medical treatment - whether regulatory board liable in damagesWatson v...Duty of care - professional boxer injured during fight suffering permanent brain damage through delay in medical treatment - whether regulatory board liable in damagesWatson v British Boxing Board of Control Ltd and Another: CA (Lord Phillips of Worth Matravers MR, May and Laws LJJ): 19 December 2000In 1991 the claimant, a professional boxer, suffered head injuries during a title fight in London.

He received medical treatment after a delay, by which time he had sustained permanent brain damage.

The claimant was licensed by the defendant board, which controlled professional boxing.

The safety measures taken at the fight were those stipulated by the board.

At that time the board did not require the provision of ringside resuscitation, which could have reduced the level of the claimant's brain damage.

The claimant succeeded in an action against the board for damages in negligence.

The board appealed.Ronald Walker QC and Stephen Worthington (instructed by Lawrence Graham) for the board.

Colin Mackay QC and Neil Block (instructed by Myers Fletcher & Gordon) for the claimant.Held, dismissing the appeal, that the board set out the services required to safeguard the boxer's health and everyone involved in a boxing contest was obliged to comply with the board's requirements; that there existed a relationship of close proximity between the board and professional boxers; that the claimant had relied on the board to exercise skill and care in looking after his safety; that it was fair, just and reasonable to impose a duty of care on the board; that had the board required ringside resuscitation as later instituted the outcome for the claimant would have been significantly better; and that, accordingly, the board was in breach of its duty of care to the claimant.

(WLR)