Wattleworth v Goodwood Road Racing Company Ltd & Ors [2004] EWHC 140 (QB) (04 February 2004)

Wattleworth v Goodwood Road Racing Company Ltd & Ors [2004] EWHC 140 (QB) (04 February 2004)

Goodwood, as occupier, owed a duty of care to Mr Wattleworth under the Occupiers' Liability Act 1957 but was not in breach of that duty in the design and construction of the tyre-fronted earth bank at the Lavant bend, having acted on expert advice and complied with regulatory requirements. The MSA and FIA did not owe a duty of care in tort to Mr Wattleworth as users of the circuit, as it was not fair, just and reasonable to impose such a duty on regulatory bodies in these circumstances. No breach of duty or causation was established against any Defendant. Volenti and contributory negligence defences did not arise as no liability was established.

Citation
[2004] EWHC 140 (QB)
Parties
Claimant: Elisabeth Ruth Wattleworth; First Defendant: Goodwood Road Racing Company Limited; Second Defendant: Royal Automobile Club Motor Sports Association Limited; Third Defendant: Federation Internationale de l'Automobile
Jurisdiction
England and Wales
Judgment Date
04 February 2004
Procedural Posture
Civil Negligence / Personal Injury / Trial Judgment on Liability and Causation
Outcome
Claim dismissed
Legal Topics
Negligence, Duty of Care, Causation, Occupiers' Liability Act 1957, Volenti Non Fit Injuria, Contributory Negligence, Motor Sports Safety, Standard of Care, Liability of Governing Bodies
Tort Law Personal Injury Occupiers' Liability Sports Law Negligence Duty of Care Causation Occupiers' Liability Act 1957 +5 more

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Parties

Elisabeth Ruth Wattleworth

Claimant

Goodwood Road Racing Company Limited

First Defendant

Royal Automobile Club Motor Sports Association Limited

Second Defendant

Federation Internationale de l'Automobile

Third Defendant

Procedural Posture

Civil Negligence / Personal Injury / Trial Judgment on Liability and Causation

Legal Issues

  1. 1 Whether Goodwood owed and breached a duty of care to Mr Wattleworth under the Occupiers' Liability Act 1957
  2. 2 Whether the MSA and/or FIA owed a duty of care in tort to users of the Goodwood circuit, including Mr Wattleworth
  3. 3 Whether any breach of duty by any Defendant caused Mr Wattleworth's death

Ratio Decidendi

Goodwood, as occupier, owed a duty of care to Mr Wattleworth under the Occupiers' Liability Act 1957 but was not in breach of that duty in the design and construction of the tyre-fronted earth bank at the Lavant bend, having acted on expert advice and complied with regulatory requirements. The MSA and FIA did not owe a duty of care in tort to Mr Wattleworth as users of the circuit, as it was not fair, just and reasonable to impose such a duty on regulatory bodies in these circumstances. No breach of duty or causation was established against any Defendant. Volenti and contributory negligence defences did not arise as no liability was established.

Court Disposition

Claim dismissed

Orders

  • Claim against all Defendants dismissed
  • No order as to damages; issue of damages reserved for further hearing if necessary