The claimant had been injured in a rugby match, and had recovered damages from the referee, who now appealed.
Held: The relationship was proximate, and the injury reasonably forseeable, and if the referee failed to exercise reasonable care, liability could follow. The referee accepted a role of enforcing rules to minimise danger in a dangerous sport. Here the referee had failed to enforce rules intended to protect players, and it was a decision taken whilst play was stopped, not running play.
Judges:
Lord Justice Sedley Lord Justice Clarke Lord Phillips M.R.
Citations:
Times 13-Mar-2003, Gazette 22-May-2003, [2003] EWCA Civ 318, [2003] ECC 24, [2003] 1 WLR 1607, [2003] PIQR P29
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Vowles v Evans, the Welsh Rugby Union Limited, Davey, Taylor QBD 13-Dec-2002
The claimant sought damages (inter alia) against the amateur referee of the amateur rugby game in which he had received substantial injuries.
Held: It was consistent with the laws and spirit of the game that an amateur referee should accept a . .
Applied – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Smoldon v Whitworth and Nolan CA 17-Dec-1996
The claimant sued another player and the referee at a colts rugby match in which he was badly injured when the scrum collapsed. The claim against the player was dismissed, but the referee was found liable and he now appealed.
Held: The . .
Cited by:
Appealed to – Vowles v Evans, the Welsh Rugby Union Limited, Davey, Taylor QBD 13-Dec-2002
The claimant sought damages (inter alia) against the amateur referee of the amateur rugby game in which he had received substantial injuries.
Held: It was consistent with the laws and spirit of the game that an amateur referee should accept a . .
Cited – Geary v JD Wetherspoon Plc QBD 14-Jun-2011
The claimant, attempting to slide down the banisters at the defendants’ premises, fell 4 metres suffering severe injury. She claimed in negligence and occupiers’ liability. The local council had waived a requirement that the balustrade meet the . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Negligence
Updated: 07 June 2022; Ref: scu.179747