Tom Clark v Omar Elbanna
The defendant failed to exercise the degree of care appropriate in the circumstances by running directly at the claimant at full speed, making no attempt to avoid or soften the collision, thereby courting a foreseeable risk of serious injury. This conduct constituted negligence under the legal test for duty of care in a sporting context.
- Parties
- Defendant/appellant: Mr Tom Clark; Claimant/respondent: Mr Omar Elbanna
- Jurisdiction
- England and Wales
- Judgment Date
- 24 June 2025
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- Appeal dismissed; Respondent’s Notice upheld; liability for negligence established.
- Legal Topics
- Negligence, Duty of Care, Recklessness, Personal Injury, Sporting Context
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Tom Clark
Defendant/appellant
Mr Omar Elbanna
Claimant/respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether the defendant breached the duty of care owed to the claimant in a sporting context
- 2 Whether recklessness or negligence was established
- 3 Whether the risk of serious injury was foreseeable
Ratio Decidendi
The defendant failed to exercise the degree of care appropriate in the circumstances by running directly at the claimant at full speed, making no attempt to avoid or soften the collision, thereby courting a foreseeable risk of serious injury. This conduct constituted negligence under the legal test for duty of care in a sporting context.
Court Disposition
Appeal dismissed; Respondent’s Notice upheld; liability for negligence established.
Orders
- Appeal dismissed
- Liability for negligence affirmed
Full Case Text
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