Smoldon v Whitworth & Anor [1996] EWCA Civ 1225 (17 December 1996)

Smoldon v Whitworth & Anor [1996] EWCA Civ 1225 (17 December 1996)

A rugby referee owes a duty to exercise reasonable care and skill appropriate to the circumstances, including enforcing safety rules designed to protect players, especially those under 19. The referee in this case breached that duty by failing to enforce the C-T-P-E sequence and not controlling the scrummaging, resulting in an excessive number of collapsed scrums and foreseeable catastrophic injury. The defence of volenti non fit injuria does not apply to a breach of duty by the referee.

Citation
[1996] EWCA Civ 1225
Parties
Plaintiff/respondent: Benjamin Roger Smoldon; First Defendant: Thomas Whitworth; Second Defendant/appellant: Michael Nolan
Jurisdiction
England and Wales
Judgment Date
17 December 1996
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Standard of Care, Volenti Non Fit Injuria, Liability of Referees, Personal Injury
Tort Law Sports Law Negligence Duty of Care Standard of Care Volenti Non Fit Injuria Liability of Referees Personal Injury

Case Brief

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Parties

Benjamin Roger Smoldon

Plaintiff/respondent

Thomas Whitworth

First Defendant

Michael Nolan

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 What is the standard of care owed by a rugby referee to players?
  2. 2 Did the referee breach his duty of care by failing to enforce safety rules, leading to injury?
  3. 3 Does the defence of volenti non fit injuria apply to a player injured due to a referee's breach of duty?

Ratio Decidendi

A rugby referee owes a duty to exercise reasonable care and skill appropriate to the circumstances, including enforcing safety rules designed to protect players, especially those under 19. The referee in this case breached that duty by failing to enforce the C-T-P-E sequence and not controlling the scrummaging, resulting in an excessive number of collapsed scrums and foreseeable catastrophic injury. The defence of volenti non fit injuria does not apply to a breach of duty by the referee.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs and legal aid taxation.