Smoldon v Whitworth
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Judgment Date | 17 December 1996 |
| Date | 17 December 1996 |
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6 cases
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Caldwell v Maguire
...in the relative calm of the workshop. 20 The last, and the most important of the cases considered by Holland J, is Smoldon v Whitworth (1997) ELR 249. In that case the claimant sued another player and a referee at a rugby match in which he was badly injured when the scrum collapsed. The cla......
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Vowles v Evans
... ... 21 More in point is the decision of this court in Smoldon v Whitworth & Nolan [1997] PIQR p.133 ... In that case the plaintiff had been playing hooker, aged 17, in a colts game involving young players under ... ...
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Dani Laura Chelsea Czernuszka (Nee Watts) v Natasha Mercedes King
... ... 40 In the course of his judgment at first instance, Holland J referred to the case of Smoldon v Whitworth (1997) ELR 249 ... In that case the claimant sued another player and a referee at a rugby match in which he was badly injured when the ... ...
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Vowles v Evans
... ... decision that an amateur rugby referee owed a duty of care to players in an adult game of rugby. Smolden v. Whitworth [22002] PIQR 137 was distinguishable because there the existence of a duty of care in a colts game was conceded. He referred me to the threefold ... ...
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4 books & journal articles
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A Different Ball Game—Why the Nature of Consent in Contact Sports Undermines a Unitary Approach
...risks which are inherent in that sport . . . but this does noteliminate all duty of care of the one participant to the other’.147 [1997] ELR 249.148 Smoldon v Whitworth and Nolan [1997] ELR 249.149 [2003] EWCA Civ 318.150 McCord v Swansea City AFC Ltd, The Times (11 February 1997), per Ian ......
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Winner All Right? Liability in Tort For Injury in Sport
..."The threshold of liability is a high one. It will not be easily crossed". (Citing Bingham L.C.J. as he then was in Snioldon v. Whitworth [1997] ELR 249, where a rugby player who suffered injury when a scrum collapsed failed in his action against an opposing player). Bingham L.C.J. rejected......
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Consent and the Rules of the Game: The Interplay of Civil and Criminal Liability for Sporting Injuries
...Fitzgerald [2001] EWCA Civ 1054,[2002] PIQR 6. 22 Blake v Galloway [2004] EWCA Civ 814, [2004] 1 WLR 2844 at [13–15].23 Ibid. at [16].24 [1997] PIQR 133. 418 Consent and the Rules of the the same position, he cannot possibly be said to have consented to a breachof duty on the part of the of......
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Swallows and Amazons, or the Sporting Exception To the Gender Recognition Act
...(1977) 400 NYS 2d 267San Francisco Arts and Athletics v United States Olympic Committee (1987) 483 US 522Smoldon v Whitworth and Nolan [1997] PIQR 133Watson v British Boxing Board of Control [2001] QB 1134 REFERENCES Anderson, Jack (2006) ‘An Accident of History: Why the Decisions of Sports......