Tackling liability: Lessons from Elbanna v Clark on negligence in sports injuries

Elbanna v Clarke is the latest in a string of High Court (London) cases determining liability for sporting injuries, which now includes: Tylicki v Gibbons1; Fulham Football Club v Jones2; and most recently Czernuszka v King3. In Elbanna v Clark4, Sweeting J found an amateur rugby player liable for injury he caused when “playing an opponent” without the ball. Like those before it, the determination turned on the facts of the case. Following a kick-off, the Defendant ran at speed in the direction of the Claimant and collided with him, causing serious spinal injury.

Although the law is now well settled that recklessness is not a necessary element of holding sports players liable for injuries caused during play, the judge did conclude that the Defendant had been reckless by running full speed towards the Claimant and by colliding with him in the manner that he did. This article analyses the case and summarises the key points for establishing negligent liability for serious sporting injuries under UK law:

• Facts
  • Defendant’s case
  • Claimant’s case
• Expert evidence
• Decision
  • The legal test for negligence in the case of sporting injuries
  • The relevance of sporting rules to the ordinary test
  • Justice Sweeting’s findings
• Learning points

Please note that numbers in [square brackets] below refer to the relevant paragraphs from the decision.