header-logo header-logo

03 March 2011 / Cathrine Grubb
Issue: 7455 / Categories: Features , Personal injury
printer mail-detail

Sporting chance

Cathrine Grubb reports on when fun & games become a breach of duty

In the area of sports and recreation it has already been established that participants owe a duty of care to other participants and spectators. The legal duty owed to fellow participants is to exercise “all care that is objectively reasonable in the prevailing circumstances for the avoidance of infliction of injury on other contestants”: Caldwell v Maguire [2001] EWCA Civ 1054, [2001] All ER (D) 363 (Jun). The prevailing circumstances include the object of the contest, the demands made on its contestants, its inherent dangers, its rules, conventions and customs, and the standards of skill and judgment reasonably to be expected of the contestant. As was noted in the case of Caldwell, given the fast-paced nature of most competitive sports, a momentary lapse of skill or error of judgment made when subject to the stresses of competition is not enough to give rise to a breach of duty. In practice, the claimant is likely to have to show that the conduct of which s/he complains amounts to a “reckless disregard for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll