Consent and the Rules of the Game: The Interplay of Civil and Criminal Liability for Sporting Injuries

Abstract

Each year, millions of people are injured whilst playing sport. An increasing number of these seek civil redress for their injuries; however, the infliction of an injury during the course of sporting activity may also give rise to criminal liability if caused in a way that satisfies the requirements of a particular offence. This article examines the nature of the law's intervention in the sporting area. It provides a brief outline of the relatively well-established position at civil law before moving to consider how the issue has been addressed by the criminal law with particular emphasis on the role of consent. Finally, the article engages with the complex interplay between the law and the rules of the relevant sport that has been a pervasive feature at both civil and criminal law.