Cases

West Bromwich Albion FC v El-Safty

Held

Finding that the Defendant did not owe any duty: (1) There was no contract between WBA and the Defendant. WBA's physiotherapist had referred Mr Appleton to the Defendant as a health professional, as opposed to instructing the Defendant for reward. There was no intention to create legal relations between WBA and the Defendant. (2) Applying the elements set out in Caparo v Dickman [1990] 2 AC 605 as to when a duty of care arises: it was reasonably foreseeable that WBA might suffer some loss if Mr Appleton was negligently treated so that he was unable to return to play football, but there was not sufficient proximity nor would it be fair, just and reasonable to impose such a duty.

Also