Smoldon v Whitworth and Another: CA 17 Dec 1996

The referee of a colts rugby match appealed from a finding of liability after a scrum collapsed severely injuring the plaintiff.
Held: The appeal failed. The rules applicable to colts matches recognised the risks. I this game, the defendant had allowed many more collapsed scrums than should have taken place: ‘ the rules were framed for the protection of him and other players in the same position, he cannot possibly be said to have consented to a breach of duty on the part of the official whose duty it was to apply the rules and ensure so far as possible that they were observed.’

Lord Bingham of Cornhill LCJ
[1996] EWCA Civ 1225
England and Wales

Negligence, Personal Injury

Updated: 20 November 2021; Ref: scu.653896