Clark v Elbanna [2025] EWCA Civ 776 (24 June 2025)

Clark v Elbanna [2025] EWCA Civ 776 (24 June 2025)

The defendant failed to exercise such degree of care as was appropriate in the circumstances by running directly at the claimant at full speed and colliding with him in a manner that courted a foreseeable risk of serious injury, thus breaching the duty of care and satisfying the legal test for negligence in a...

Source-derived case information.

Citation
[2025] EWCA Civ 776
Parties
Defendant: MR TOM CLARK; Respondent: MR OMAR ELBANNA
Jurisdiction
England and Wales
Judgment Date
24 June 2025
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; Respondent's Notice upheld; liability for negligence confirmed.
Legal Topics
Negligence, Duty of Care, Recklessness, Personal Injury, Sporting Context Liability
Tort Law Sports Law Negligence Duty of Care Recklessness Personal Injury Sporting Context Liability

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Summary, issues, holding and outcome

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Parties

MR TOM CLARK

Defendant

MR OMAR ELBANNA

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the defendant breached the duty of care owed to the claimant in a sporting context
  2. 2 Whether recklessness or negligence is required for liability in sports injuries
  3. 3 Adequacy of foreseeability in the judge's reasoning

Ratio Decidendi

The defendant failed to exercise such degree of care as was appropriate in the circumstances by running directly at the claimant at full speed and colliding with him in a manner that courted a foreseeable risk of serious injury, thus breaching the duty of care and satisfying the legal test for negligence in a sporting context.

Court Disposition

Appeal dismissed; Respondent's Notice upheld; liability for negligence confirmed.

Orders

  • Appeal dismissed
  • Liability for negligence confirmed