header-logo header-logo

17 July 2008 / Jon Heshka , Kris Lines
Issue: 7330 / Categories: Features , Damages , Fees
printer mail-detail

Falling in line with the law

Should adults who are injured after deliberately putting themselves at risk expect to be compensated? Kris Lines and Jon Heshka report

“Adults who choose to engage in physical activities which obviously give rise to a degree of unavoidable risk may find that they have no means of recompense if the risk materialises so that they are injured” (see Poppleton v Trustees of the Portsmouth Youth Activities Committee [2008] EWCA Civ 646, [1] (May LJ), [2008] All ER (D) 150 (Jun)). With these opening lines, the Court of Appeal reasserted a return to common sense and traditional legal principles and dispelled the modern myth of a compensation culture in sport. Indeed, such a stance is particularly welcome in activities where the claimant has intentionally sought a risk and which eventuates with ultimately tragic consequences.

In Gary Poppleton's case, these consequences were tetraplegia caused through his participation in bouldering — a form of low-to-the-ground free climbing performed without the aid of ropes. On 12 February 2002, he was part of a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bellevue Law—Sara Mason

Bellevue Law—Sara Mason

Bellevue Law expands workplace law offering with specialist healthcare regulatory appointment

Seddons GSC—Peter Ames

Seddons GSC—Peter Ames

Seddons GSC strengthens Dispute Resolution team with partner hire

Taylor Rose—four promotions

Taylor Rose—four promotions

Taylor Rose announces partner promotions

NEWS
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
Refusing mediation need not trigger a costs penalty, but litigators must justify their position
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Landlords face fresh registration duties as procedural reforms reshape the civil courts
back-to-top-scroll