Litigation putting sport in the firing line

Sadly, litigation in sport is now commonplace, with many - including sports governing bodies - in the firing line, as the recent motor-racing case of Wattleworth versus Goodwood Roadracing and Others 2004 demonstrates.

Mr Wattleworth died when his car crashed into a tyre-fronted earth bank at Goodwood in 1998. His widow claimed against Goodwood Motor Racing Circuit, the Royal Automobile Club Motor Sports Association and the Federation Internationale de l'Automobile, the body responsible for inspecting the tracks used for international racing.

The action centred on the alleged negligent design of the tyre structure fronting the bank. The claim failed. The Court of Appeal held that neither Goodwood nor the MSA had breached their duty of care to Mr Wattleworth.

Goodwood had relied on the MSA's advice, which had been such that a reasonable standard of safety had been provided. The tyre bank was a reasonable choice and of a suitable design.

The court also held that, even though the FIA had specifically advised in relation to the tyre bank, its involvement in the design and installation was too minimal to amount to an assumption of responsibility towards users of the circuit.

This echoed the decision in the Australian case of Agar versus Hyde.

Two claimants sought to recover damages against members of the International Rugby Football Board for breach of an alleged duty of care. Both individuals had suffered spinal injuries from scrummaging.

The case initially succeeded at Court of Appeal level in New South Wales, however, the High Court of Australia reversed the decision because the relationship between the individual claimants and the international board members was too remote. The court was not prepared to find that the board owed a duty of care to an indefinable body of rugby players around the world, over whose activities they had no real control.

The Wattleworth and Agar decisions may give comfort to the international governing body, but national governing bodies remain clearly in the firing line.

It is imperative that sports governing bodies are properly advised on risk management, their coaches have proper training and qualifications, their referees know the rules and ensure the safety of the competitors.

This may appear an onerous list, but much of what is required is common sense.