Blake v Galloway

Blake v Galloway

The claimant, by participating in the horseplay, impliedly consented to the risk of being struck by objects thrown in accordance with the tacit conventions of the game. The defendant’s conduct did not amount to recklessness or a very high degree of carelessness. There was no breach of duty or battery, and the injury was an unfortunate accident for which no damages are recoverable.

Parties
Claimant/respondent: Blake; Appellant/defendant: Galloway
Jurisdiction
England and Wales
Judgment Date
24 June 2004
Procedural Posture
Civil Appeal / Appeal From Plymouth County Court
Outcome
Appeal allowed; claim dismissed
Legal Topics
Negligence, Battery, Consent, Volenti Non Fit Injuria, Duty of Care, Sports and Games Liability
Tort Law Negligence Battery Consent Volenti Non Fit Injuria Duty of Care Sports and Games Liability

Case Brief

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Parties

Blake

Claimant/respondent

Galloway

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Plymouth County Court

Legal Issues

  1. 1 Whether the injury caused during horseplay amounted to negligence or battery
  2. 2 Whether the claimant consented to the risk of injury inherent in the activity
  3. 3 What standard of care applies in informal games or horseplay

Ratio Decidendi

The claimant, by participating in the horseplay, impliedly consented to the risk of being struck by objects thrown in accordance with the tacit conventions of the game. The defendant’s conduct did not amount to recklessness or a very high degree of carelessness. There was no breach of duty or battery, and the injury was an unfortunate accident for which no damages are recoverable.

Court Disposition

Appeal allowed; claim dismissed

Orders

  • Appeal allowed
  • Claim dismissed