Scouting in the dark - the case of Barnes v Scout Association
Friday 4th March 2011A recent court case has angered critics of an over-zealous health and safety culture.
The case of Barnes -v- Scout Association concerned the activities of the Castle Bromwich scout group in Birmingham. The Claimant, Barnes, was a scout participating in the game "objects in the dark", in which a pile of blocks are placed in the centre of a dimly lit hall. The scouts jog around the outside of the hall until one of the scout leaders switches off the remaining lights. The scouts then run to the centre of the hall in darkness, attempting to obtain one of the blocks for themselves.
Barnes was chasing one of the blocks being dragged away by another scout. In his enthusiasm, Barnes failed to anticipate the presence of the wall at the side of the hall which he approached. At the last minute he noticed the wall and threw himself down to avoid contacting it head-on, with his head and shoulder hitting a bench.
Barnes claimed compensation for the injuries he had suffered. The judge who first heard the case found the Scout Association liable to pay damages of over £7,000; however, the Scout Association appealed this decision and the Court of Appeal reconsidered the verdict.
The appeal judges were split on a technical issue of law - whether the County Court judge had, when making his decision, taken into account the social benefit of the activity and the social consequences of finding the Scout Association liable for engaging in such an activity.
One of the appeal judges, Lord Justice Jackson, found that the County Court judge had made a mistake, and that the decision had been made without adequately taking into account the wider social implications of making the Scout Association liable. The other judges, Lord Justices Smith and Ward, disagreed; accordingly, there were no grounds for an appeal and so by a majority of 2-1 the appeal failed.
Despite this verdict it is clear that Lord Justice Jackson not only disagreed with the finding of the County Court judge, but that he was convinced that if the judge had properly considered the social consequences of finding an organisation such as the scouts liable in these circumstances he would not have decided to impose liability.
As a result, judges may now think very carefully before imposing liability and constraining organisations who promote healthy and wholesome activities, even though such activities may contain an element of risk.
If you or your business are subject to a personal injury claim, Ashfords' team of specialist Personal Injury lawyers have the experience and expertise to help. If you have a query please contact Flora Wood on 01392 334020 or by email at f.wood@ashfords.co.uk
