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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll