When the use of a reckless, cynical and frightening technique was later banned by World Rugby
What happened?
A seventeen year-old schoolboy was playing rugby for his school. He was lifted and fell on his head, a technique known as a ‘spear tackle’, and he suffered neck and ligament injuries.
The boy claimed that the interruption to his course work caused by the injury had contributed to his not getting high enough A-level grades, and had impeded his studies and chances of becoming a dentist. He was also an aspiring rugby player and wanted to become a semi-professional player.
The student went on to study business at university, with a view to being accountant.
Legal Outcome
The Court commented that rugby is a fast moving, intense physical contest involving heavy body collisions. However, the assailant was aware of what he was doing when he lifted and upended their opponents. They had intended them to fall heavily to the ground below. Given that, the Court held that the defendants had breached their duty of care.
The boy’s solicitor argued that the fact that the incident was a school game should not affect the claim for damages. ‘It doesn’t matter if it’s Old Trafford or a park pitch, the principle is the same. Smaller sums are involved but players are just as liable for what happens on the school field or park.’
The High Court found in favour of the claim for compensation against the opposing school – ruling that there had been “negligence” in the tackle that had caused the injury. The pupil was awarded £100,000 damages.
What can we learn from what happened?
Another example, albeit they are not common, of a claim made because of an injury sustained in a contact sport, and a reminder that duty of care is still owed, even in school sport . In order to show a breach of that duty, conduct must be reckless and fall below the standard required of a reasonably skilful and competent player. What determines what is ‘reasonably skilful and competent’ will vary according to the standard of play (eg professional or amateur), but the principle will still apply.
In this case, the level of recklessness can possibly be demonstrated by the decision made some years later to amend the laws of the game to ban the spear tackle.
Source of Information
BBC News Online
International Sports Law Blog
Local Government Chronicle