1. Gerald McClellan suffered serious injuries after a fight with Nigel Benn on 25 February 1995. Bradley Stone's death on 28 April 1994 following his defeat in a British super-bantamweight fight and the serious brain injuries sustained by Michael Watson after fighting Chris Eubank on 26 September 1991 for the WBO Super-Middleweight Championship of the World provide famous examples. The dangers of all boxing were also driven home by the injuries suffered by an amateur boxer, Kian Kwok Lee, on 12 November 1991 resulting in him being placed on a life-support machine: Independent, 14 November 1991, p 39. See also E Grayson ‘Boxing clever’ (1992) 142 NLJ 48, and M Seabrooke ‘Going to Hell in Your Own Way’ (1992) 142 NLJ 438 and The Independent, 27 February 1995, p 32.

2. No 134 Consent and minces against the Person (1994: HMSO) See R Leng ‘Consent and Offences Against the Person: Law Commission Consultation Paper No 134’ (1994) Crim LR 480; D Ormerod, ‘Consent and Offences Against the Person: Law Commission Consultation Paper No 134’ (1994) 57 MLR 928.

3. Ibid, at para 2.9.

4. [1994) 1 AC 212.

5. Ibid, at p 232 per Lord Templeman, at p 263 per Lord Mustill, at p 278 per Lord Slynn of Hadley.

6. J Feinberg Harm to Self (The Moral Limits of the Criminal Law) (New York, 1986) pp 3–26 and Ch 22.

7. See G Williams, ‘Consent and Public Policy’ [1962) Crim LR 74 and 154 especially at p 159.

8. The history of boxing is interesting. There is evidence that boxing was taking place in the Aegean as early as 1500 BC. The sport was popular with the Greeks as a method of training young men for battle - it enhanced their strength, stamina and it was introduced as a sport at the 23rd Olympiad in 688 BC. The sport conducted by the Ancient Greeks was very different from the highly organised bouts of today, but nevertheless there were similarities in that the Greeks did wear some leather thongs on their hands. The Romans transformed the sport into a gladiatorial combat to the death involving spiked gloves. See MB Poliokoff, Combat Sports in the Ancient World (New Haven 1987).

9. See Brown above, n 4. The same applies, a fortiori, to amateur boxing.

10. Consultation Paper No 134, para 10.19.

11. See generally EJ Gorn, The Manly Art: Bare-Knuckle Prize-Fighting in America (Ithaca 1986).

12. Gorn, op cit, n 11 at p 24.

13. They were first used in 1839 in an English Championship bout in which ‘Bendigo of Nottingham’ beat James ‘Deaf’ Burke.

14. Sullivan won the last World Championship bare-knuckle fight on 8 August 1889. See Gorn, op cit, n 11. It is at about this time that the British Amateur Boxing Association was established. Although there was no British Boxing Board of Control until 1929.

15. The decision in the Australian case, Pallante v Stadiums Pty Ltd (No 1) (1976) VR 331 refers to the attitudes of the nineteenth century courts and the distinction they attempted to draw between the prize-fighter and the boxer. See also N Parpworth, ‘The Indistinguishable Distinguished (1994) 2 Sport and the Law Journal 5.

16. A prizefight is a fight with bare fists fought for money and until one party is exhausted, see, eg, The Earl of Balfour in the debate on the Boxing Bill, Hansard, 4 December 1991, at col 293, cf McInerney J in Pallante, above n 15, at p 335.

17. See British Medical Association, Report of the Working Party on Boxing (1984), at p 3. The writing of the Queensbury Rules and the creation of organising bodies such as the Amateur Boxing Association reduced the chances of serious injury, see also Pallante, above n 15, at p 336.

18. (1878) 39 LT 293; (1878) 14 Cox CC 226.

19. Ibid, p 294.

20. (1866) 10 Cox CC 371.

21. Ibid, p 373.

22. (1882) 8 QBD 534.

23. See R v Brown (1994) 1 AC 212.

24. R v Coney, above n 22, at p 539.

25. Ibid, p 547.

26. Ibid, p 549.

27. Ibid, p 553.

28. E Manson ‘Notes’ (1890) 6 LQR 110.

29. G Williams op cit n 7.

30. Textbook of Criminal Law (London 1978), at p 536.

31. Not only was Michael Watson seriously injured in the fight referred to in n 1, but also the ‘victor’ Chris Eubank was so exhausted at the end of the fight that he had to spend the night in hospital.

32. Legal limits are imposed on the actions of the boxers as in other sports, so that the attitudes of the players will not be determinative of the violence which is legally permitted in the sport. See, in the context of rugby union, R v Billinghurst (1978) Crim LR 553, Newport Crown Court. See generally E Grayson Sport and the Law (London 1994). See also the comments of the Law Commission in its Consultation Paper No 134 at para. 42.3.

33. The general approach is that established by Woolf J in Attorney General v Able (1984) 1 AII ER 277 when considering the legality of a booklet about suicide.

34. This was the cause of action in Pallante v Stadiums Pty Ltd (No 1) (1976) VR 331, McInerney J in the Supreme Court of Victoria.

35. In Pallante, the judge had to consider whether boxing was, in general, criminal or not.

36. DPP v Little & Taylor (1991) Cr App R 28. The offences of common assault and battery are statutory offences and should now be charged as being ‘contrary to s 39 of the Criminal Justice Act 1988,’ per Mann W at p 33.

37. R v Reigare JJ, ex p Counsell (1984) 148 JP 193, DC: ‘any hurt or injury calculated to interfere with the health or comfort of the prosecutor. Such hurt or injury need not be permanent, but must, no doubt, be more than merely transient or trifling,’ per Watkins LJ at p 195 confirmed in R v Chan-Fook (1994) 1 WLR 689.

38. Boxing matches cannot be won without punching the other combatant. The nature of a punch must inflict the necessary bodily harm, even if the boxer in question does not have a particularly hard punch.

39. DPP v Smith (1961) AC 290, HL.

40. R v Saunders (1985) Crim LR 230, CA; R v Chan-Fook (1994) 1 WLR 689.

41. For example, the peak force of Frank Bruno's punch, measured scientifically, was ‘in excess of that required to fracture facial bones. An equivalent could have been delivered by a padded wooden mallet with a mass of 6kg (13lbs) if swung at 20 mph: J Atha, MR Yeadon, J Sandover & KC Parsons ‘The Damaging Punch’ (1985) 291 British Medical Journal 1756, at p 1757. The fact that Frank Bruno is a heavyweight with a renowned punch does not necessarily lessen the validity of this point with regard to boxers of other weights.

42. If it is necessary to take account of the brain damage caused, see text at accompanying n 84ff.

43. Under the Law Commission's proposed Criminal Law Bill (See Law Commission Report No 128, Legislating the Criminal Code: Offences Against the Person and General Principles, (1993: HMSO), the new offences of violence will be intentionally causing serious injury (C12), recklessly causing serious injury (C13), and intentionally or recklessly causing injury (C14).

44. R v Savage; R v Parmenter (1992) 1 AC 699, HL and R v Roberts (1972) 56 Cr App R 95, CA.

45. R v Mowatt (1968) QB 421, CA, approved by the House of Lords in R v Savage, R v Parmenter, above.

46. This follows from the decision of the House of Lords in R v Moloney (1985) AC 905.

47. It is acknowledged that this is loose terminology (see AR White Misleading Cases (1991: Oxford), chap 4, but ‘purpose’ is used to indicate that there is no argument about what was the boxer's intention. There would be no need to examine the meaning of ‘intention’.

48. As required by the guidelines established by the Court of Appeal in R v Nedrick (1986) 3 AII ER 1, applying Moloney, above, n 46, and R v Hancock and Shankland (1986) AC 455, HL.

49. See Moloney, above, n 46.

50. Law Commission Consultation Paper No 134, at para 10.20.

51. See Collins v Wilcock (1984) 3 AII ER 374, DC and Faulkner v Talbot (1981) 3 AII ER 468, DC.

52. See, eg, Fairclough v Whipp (1951) 35 Cr App R 138; Wilson v Pringle (1987) 1 QB 237; and R v Brown (1994) 1 AC 212, (1993) 2 WLR 556.

53. See T v T (1988) Fam 52; Re F (1990) 2 AC 1; R v Brown (1994) 1 AC 212.

54. See, eg, G Williams ‘Consent and Public Policy’ [1962) Crim LR 74; G Williams Textbook of Criminal Law (London 1978); JC Smith and B Hogan Criminal Law (London 1992), pp 383–386; M Allen Textbook of Criminal Law (London 1995), pp 283–294; R v Donovan (1934) 2 KB 498, CCA; Attorney General's Reference (No 6 of 1980) (1981) QB 715, CA; R v Brown (1994) 1 AC 212.

55. [1981) QB 715.

56. Ibid, p 719.

57. [1994) 1 AC 212.

58. Ibid.

59. Ibid, at p 231F.

60. Ibid, at p 241G.

61. Ibid, at p 232B (emphasis added).

62. Ibid at p 278G=H.

63. Ibid, at p 265D.

64. Ibid, at p 265D-G.

65. Ibid at p 246 (per Lord Jauncey), at pp 272–275 (per Lord Mustill) and at p 282 (per Lord Slynn).

66. Attorney General's Reference (No 6 of 1980) (1981) QB 715 at p 719 and R v Brown, [1994) 1 AC 212 at p 231F (per Lord Templeman), p 241H (per Lord Jauncey), pp 265–266 (per Lord Mustill), and p 277D (per Lord Slynn).

67. See BMA, Boxing, op cit n 17, at p 3.

68. For the medical evidence see below.

69. The British Medical Association points out that all sports have the relevant beneficial effects: BMA, Boxing, op cit n 17, at p 3.

70. For example, many boxers isolate themselves from their family in the period immediately prior to a fight. Even if not so isolated, the training regimes in the various camps are notoriously hard.

71. See, eg, Lord Brooks of Tremorfa, the Earl of Shrewsbury and Lord Metson, in the Boxing Bill debate op cit, n 16, at cols 300, 303 and 308 respectively.

72. See, eg, RG Morrison ‘Medical and Public Health Aspects of Boxing’ (1986) 255 Journal of the American Medical Association 2475. Many boxers are heard to make such a claim.

73. See, eg, Lord Addington, op cit n 16 at col 294.

74. Ibid.

75. See, eg, the Earl of Shrewsbury, op cit n 16, at col 303.

76. T Hauser The Black Lights (London 1987) at p 13.

77. Morrison, op cit n 70. As Hauser comments: ‘How can Michael Spinks make a living from hurting someone? [Spinks response was]: ‘Put yourself in the position of a woman who's just been raped, could that woman hit and hurt her attacker? A lot of fighters have been raped by society, many brutalized physically and psychologically in their own homes Life for them has seldom been fair.’ (Hauser op cit p 13).

78. See, eg, Lord Metson, op cit n 14, at col 309. Numerous boxers have prolonged their careers, sometimes despite. existing medical problems. Amongst the more famous may be listed Muhammad Ali, Sugar Ray Leonard and Frank Bruno. The temptation to resurrect a career for financial gain is best indicated by the resumption of boxing, when in their 40s, by George Foreman (who became a world chamption in 1994) and Larry Holmes.

79. Op cit n 16, at col 307.

80. AJ Ryan ‘Intracranial Injuries Resulting from Boxing: A Review (1918-1985)’ (1987) 6 Clinics in Sports Medicine 31, p 42.

81. See, eg, Lord Cavendish of Furness, op cit n 16, at col 316.

82. The classic example being the popularity of the death penalty for at least certain forms of murder, and which Parliament, on a free vote, staunchly refuses to reintroduce.

83. This factor was a major element in the recent debate in the House of Lords, see, in particular, the speeches of Lord Taylor of Gryfe, Lord Walton of Detchant and Lord Rea, op cit n 16, at cols 291, 294–296, and 304–307, respectively.

84. 645 fatalities were recorded from January 1918 to June 1983. From 1979 to 1985, 28 fatalities were identified: Ryan, op cit n 80, p 31 See also, LD Jordan ‘Neurological Aspects of Boxing’ (1987) 44 Archive Neurologica 453. Death may well result from brain damage, such as a subdural haematoma, caused by the sudden acceleration of the head which is a common consequence of a head punch, see PW Lampert & JM Hardman ‘Morphological Changes in Brains of Boxers’ (1984) 251 Journal of the American Medical Association 2676. In Australia it has been estimated that there is one death per 10,00 contests, see RJ Burns ‘Boxing and the Brain’ (1986) 16 Australia and New Zealand Journal of Medicine 439 See also JAN Corsellis ‘Boxing and the brain’ (1989) 298 British Medical Journal 105.

85. Other possible acute brain damage may result from rotational acceleration of the head which may result in subdural haematoma.

86. Ryan, op cit n 80, pp 33–34.

87. Ibid, p 34.

88. Further injuries which may result include fractures of various bones, damage to the liver, spleen and kidney, fractured ribs, and skin wounds (eg the ‘boxer's nose’ and the ‘cauliflower ear’), see RJ Ross, IR Casson, O Siegel and M Cole ‘Boxing Injuries: Neurologic, Radiologic and Neuropsychologic Evaluation’ (1987) 6 Clinics in Sports Medicine 41, p 44.

89. Ibid, p 44.

90. . Ibid. See also JI Maguire & WE Benson ‘Retinal Injury and Detachment in Boxers’ (1986) 255 Journal of the American Medical Association 2451; DJ Smith ‘Ocular Injuries in Boxing’ (1988) 28 International Ophthalmology Clinics 242; A Leach, J McGalliard, MH Dwyer, D Wong ‘Ocular Injuries from Boxing’ (1992) 304 BMJ 839; D McLeod ‘Ocular injuries from boxing. Reply’ (1992) 304 BMJ 840; and J Toczolowski, M Gerkowicz, I Jankowska, S Misztal, J Kowalewski ‘Badania Ukladu Wzrokowego Zawodnikow Klubow Bokserskich [Examination of the visual system in boxers]’ (1991) 93 Klin-Oczna 63, which reports that ophthalmological examinations were performed in 139 boxers which demonstrated that the introduction of safety helmets distinctly reduced the number of eye injuries in boxing. Some of the best known boxers have suffered retinal damage, for example, Maurice Hope, Gary Mason, Sugar Ray Leonard and Frank Bruno. The injury ended the career of the first two. As to the dangers in amateur boxing see A Wedrich, M Velikay, S Binder, U Radax, U Stolba, P Datlinger ‘Ocular Findings in Asymptomatic Amateur Boxers’(1993) Retina 13(2): 114–9. The authors examined a group of 25 active, asymptomatic, amateur boxers to evaluate the nature and incidence of ocular pathologic conditions in amateur boxing. An approximately age-matched group of 25 men who were not boxers was used as a control group ‘[in] (76%) [of the] boxers, pathologic anatomic findings were attributed to contusion trauma’. Their findings suggest that there is still an significant risk of eye injury in amateur boxing.

91. D McLeod ‘Ocular Injuries from Boxing’ (1992) 304 BMJ 197.

92. Of the recent literature, see, for example, JAN Corsellis, CJ Bruton & D Freeman-Browne ‘The aftermath of boxing’ (1973) 3 Psychological Medicine 27; M Kaste, T Kuurne, J Villki, K Katevuo, K Sainio & H Meurala ‘Is Chronic Brain Damage in Boxing a Hazard of the Past?’ (1982) The Lancet 1186; RJ Ross, M Cole, JS Thompson & KH Kim ‘Boxers - Computed Tomography, EEG, and Neurological Evaluation’ (1983) 249 Journal of the American Medical Association 211; Lampert & Hardman, op cit n 84; IR Casson, O Siegel, R Sham, EA Campbell, M Tarlau and A DiDomenico ‘Brain Damage in Modem Boxers’ (1984) 252 Journal of the American Medical Association 2663; Momson, op cit n 77; Burns, op cit n 84; Jordan, op citn 84; Ross et al, op cit n 88; RW Enzenauer & RJ Enzenauer ‘Boxing-Related Injuries in the US Army, 1980 Through 1985’ (1989) 261 Journal of the American Medical Association 1463: Corsellis, op cit n 84. For a research review, see Ryan, op cit n 80.

93. Casson et al, op cit n 90. ‘It is the high frequency of chronic brain damage (60% to 87%) among boxers who have had many fights that sets boxing apart medically.’ Editorial (1986) 255 Journal of the American Medical Association 2483. Cf the comments of Sports Minister R Atkins MP, ‘It does nothing but good for a young boy. You rarely see anything other than a bloody nose.’ The Sunday Times 29 September 1991, Sect 2, p 3.

94. Ross et al, op cit n 88, p 212 referring to surveys undertaken in the 1960s.

95. Corsellis, op cit n 84.

96. Ross et al, op cit n 88, Casson et al, op cit n 88, p 2666, Lampert & Hardman, op cit n 84, The Independent, 27 February 1995, p 32.

98. Ja Millspaugh , ‘ Dementia Pugilistica ’ (1937) 35 United States Naval Bulletin 297 .

99. See, for example, Al Whiteson , ‘ Injuries in Professional Boxing: Their Treatment and Prevention ’ (1981) 225Practitioner.

100. See also Lord Taylor of Gryfe and Lord Soper, op cit n 16, at cols 292 and 296–298 respectively.

101. See Ryan, op cit n 80 and Burns, op cit n 84.

102. An allegation made by L Adams, see The Times Higher Education Supplement for 27 September 1991, p 5.

103. See, eg, Gj Annas , ‘ Boxing: Atavistic Spectacle or Artistic Sport ?’ (1983) 73 American Journal of Public Health 811 .

104. Op cit n 16 at col 302.

105. ‘Figures from 1983 for Us injuries in sport showed boxing leading the list at 50% of participants experiencing injury’ Editorial (1986) 255 Journal of the American Medical Association 2483 .

106. The fatality rate for boxing has been calculated as 013 deaths per 1000. the fatality rate for sky diving is 123; hang-gliding 56 and mountaineering 51: Council Report on Injury in Boxing (1983) 249 Journal of the American Medical Association 254 , p 255 See also Corsellis, op cit n 82 and the figures given in the text at n 102.

107. See above n 106.

108. ‘An unpublished survey of 165 British neurologists in 1974 about their encounters with the punch drunk syndrome associated with various sports yielded 12 jockeys; 5 soccer players; 2 rugby players; 2 professional wrestlers; 1 parachutist; and 290 boxers': BMA, Boxing, op cit n 17, at p 15.

109. For example, the death of Ayrton Senna in the San Marino Grand Prix on 1 May 1994.

110. ‘The relationship between viewing televised violence in ice hockey and subsequent levels of personal aggression’ (1981) 4 Journal of Sport Behaviour pp 157–162, see also Gm Russell, ‘Response of the Macho Male to Viewing a Combatant Sport’ (1992) 7 Journal of Social Behavior and Personality 631.

111. ‘Social Learning Theory of Aggression’ in JF Knutson, (ed) The Control of Aggression: Implications from Basic Research (1973: Aldine).

112. The Roots of Aggression (1969: Atherton).

113. See Burns, op cit n 84 and Corsellis, op citn 84, p 109.

114. [1992) 2 QB 491 at p 4976.

115. The obstacles were pointed out by Woolf J in A-Glv Able (1984) AII ER 277 where he made it clear that a civil court has to be careful not to usurp the jurisdiction of the criminal courts, in particular the jury. He said, at p 284, that it ‘would only be proper to grant a declaration if it is clearly established that there is no risk of it treating conduct as criminal which is not clearly in contravention of the criminal law.’ See Professor JC Smith's commentary at (1984) Crim LR 34, and see also J Jaconelli ‘Hypothetical Disputes and Moot Points’ (1985) 101 LQR 587.

116. There is a similarity with the approach of Lord Edmund Davies in DPP v Morgan (1976) AC 182, HL, where, although singularly disliking the rule established by the Court for Crown Cases Reserved in R v Tolson (1889) 23 QBD 168, he felt constrained by the passage of time to regard the matter as one with which it was inappropriate for the courts to deal.

117. The argument is similar to that to be found in the Practice Statement of the House of Lords indicating the self-imposed restraints on overruling their own earlier decisions in the criminal law, see Practice Statement (Judicial Precedent) (1966) 1 WLR 1234 and SH Bailey & MJ Gum, Smith and Bailey on the Modern English Legal System (London 1991). pp 392–397.

118. See, eg, the decision of the House of Lords to declare that a husband may commit rape upon his wife: R v R (1991) 4 AII ER 481.

119. Law Commission Consultation Paper No 134, at para 10.22. The Commission went on: ‘We merely note that, in the event of boxing continuing to be lawful, and there being comprehensive legislation on offences against the person, it will be necessary specifically to provide in any such legislation that it is not criminal to kill or intentionally severely to injure another person in the course of a boxing bout’.

120. As to the medical evidence, see above n 80 et seq.

121. Morrison, op cit n 72.

122. See, eg, the Boxing Bill 1991 proposed in the House of Lords, op cit n 16. at cols 290–320.

123. The evidence comes from Swedish research: Y Haglund, G Edman, O Murelius, L Oreland & C Sachs , ‘ Does Swedish Amateur Boxing Lead to Chronic Brain Damage? 1 a Retrospective Medical, Neurological and Personality Trait Study ’ (1990) 82 Acta Neurologica Scandinavia 245; Y Haglund & G Bergstrand, ‘Does Swedish Amateur Boxing Lead to Chronic Brain Damage? 2. A Retrospective Study with Cerebral Computed Tomography and Magnetic Resonance Imaging’ (1990) 82 Acta Neurologica Scandinavia 312; Y Haglund & He Persson, ‘Does Swedish Amateur Boxing Lead to Chronic Brain Damage? 3. A Retrospective Clinical Neurophysiological Study’ (1990) 82 Acta Scandinavia Neurologica 353 ; O Murelius & Y Haglund, ‘Does Swedish Amateur Boxing Lead to Chronic Brain Damage? 4. A Retrospective Neuropsychological Study’ (1991) 83 Acta Neurologica Scandinavia 9. The research concludes that modern Swedish amateur boxing does not seem to lead to significant signs of neuropsychological impairment or ‘punch drunkenness’, nor does it seem to differ in this respect from soccer playing or track and field sports. See also Rl Heilbronner, Gk Henry, M Carson-Brewer, ‘Neuropsychologic Test Performance in Amateur Boxers’ (1991) 19 American Journal of Sports Medicine 376.

124. ‘Medical supervision of amateur boxing is very strict and now well accepted. As a consequence of this, there have been fewer knockouts and no brain damage has been detected.’ R Ludwig , ‘ Making Boxing Safer ’ (1986) 255 Journal of the American Medical Association 2482 .

125. BMA, Boxing, op cit n 17, p 2. Nothing may be made of the fact that there was no professional boxing in Socialist countries, since the reasons were not related to the dangers associated with professional boxing, but rather to the kudos attached to the winning of gold medals at Olympic and World Championship tournaments.

126 The British Medical Association, however, points out that ‘brain damage is a likely consequence whether in amateur or professional fighting’, see BMA, Boxing, op cit n 17, p 17. Rj Butler, Wi Forsythe, Dw Beverly and Lm Adams , ‘ A Prospective Controlled investigation of the Cognitive Effects of Amateur Boxing. ’ (1993) 56 Journal of Neurology, Neurosurgery & Psychiatry 1055 , examined eighty six amateur boxers in relation to their neuropsychological state on three occasions—pre bout, immediate post bout and follow up within two years; 31 water polo players and 47 rugby union players acted as controls. ‘No evidence of neuropsychological dysfunction due to boxing was found, either following about or a series of bouts at follow up. None of a range of parameters including number of previous contests, recovery from an earlier bout, number of head blows received during a bout and number of bouts between initial assessment and follow up, were found to be related to changes in cognitive functioning’. See also Y Haglund, E Eriksson ‘Does Amateur Boxing Lead to Chronic Brain Damage? A Review of Some Recent Investigations.’ (1993) 21 American Journal of Sports Medicine 97. ‘Fifty former amateur boxers were examined and compared with two control groups of soccer players and track and field athletes. All subjects were interviewed regarding their sports career, medical history, and social variables. They underwent a physical and a neurologic examination… No signs of serious chronic brain damage were found among any of the groups studied. However, the electroencephalography and finger-tapping differences between the groups might indicate slight brain dysfunction in some of the amateur boxers’.

127. Written answer from the Secretary of State for Education and Science, Hansard, 16 October 1991, cols 173–174.

128. The House voted against Lord Taylor of Gryfe's Bill by 20 to 17. The fact that so few voted lends weight to the thought that it is unlikely that boxing will be banned.

129. See, eg, Lord Bellhaven and Stanton, op cit n 16, at col 298.

130. See, eg, the Earl of Balfour, Lord Brooks of Tremorfa and the Earl of Shrewsbury, op cit n 16, at cols 293, 302 and 304, respectively. The fact that boxing has not been driven underground in Sweden, Norway and Iceland is not likely to be relevant in view of the differences in boxing cultures between those countries and Britain.

131. Since the fights are not within the rules of the British Boxing Board of Control, they are almost certainly illegal, see, eg, the Earl of Balfour, op cit n 16, at col 293.

132. See, eg, Rh Patterson , ‘ On Boxing and Liberty ’ (1986) 255 Journal of the American Medical Association 2481 , Whiteson, op cit n 99. See also, eg, Lord Metson, op cit n 16, at col 310.

133. The nature of the debate in the United States is different, largely because boxing is State controlled, and the money involved is much greater than in Britain, thus the debate about the control of boxing ranges much wider, see, eg, L Bershad & Rj Ensor , ‘ Boxing in the United States: Reform, Abolition or Federal Control? a New Jersey Case Study ’ (1989) 19 Seton Hall Law Review 865 .

134. ‘8.7 The following Regulations shall apply to all promotions: 8.7.1. The senior medical officer to a promotion shall advise the Accident and Emergency and Neurosurgical Units of the nearest hospital (Local Hospital) to the venue of that promotion that a promotion is to take place at the venue 48 hours before such promotion takes place. The Medical officer shall give written confirmation of such advice to the appropriate representative of the Local Hospital prior to the promotion taking place. 8.7.2. Prior to the promotion taking place the promoter shall set up and maintain during the promotion the facility to communicate by telephone from the venue to the Local Hospital so that the Local Hospital can be advised immediately should an emergency occur at the promotion. 8.7.3. The Senior Medical Officer shall arrange for full and adequate resuscitation equipment (including intubation and ventilation equipment) to be available at the ringside of the venue. No contest shall take place unless fully trained personnel able to operate such resuscitation equipment are present throughout the promotion. 8.7.4. An ambulance, crewed by trained paramedics, shall be on site throughout the promotion. The ambulance shall be for the sole use of injured boxers and the crew shall be appraised by the Senior Medical Officer of the identity and location of the advised Local Hospital. 8.7.5. The promoter shall ensure that sufficient stewards are in place at the venue to enable medical assistance to be carried out without hinderance to boxers in the ring should the necessity arise. The Senior Medical Officer shall approve such arrangements prior to the promotion. 8.7.6. It is the responsibility of the Senior Medical Officer to the promotion to ensure that all the safety procedures are in place for the promotion. 8.7.7. No television or radio interviews for boxers are permitted in the ring or at the ringside following a contest. An interview of a boxer within the venue is only permitted after the Senior Medical Officer has given his permission for such interview. 8.7.8. No boxer shall leave the venue of the promotion after taking part in a contest without the permission of a medical officer(s). The Senior Medical Officer will provide each boxer following his contest with a printed card of advice on reaction to head injuries. A boxer is responsible for ensuring that those accompanying him after the contest are aware of the content of such card or have been given the card or a copy of it.’ .

135. The BMA's Board of Science is preparing a new report on safety in boxing: C Hughes, BMA News Review, March 1993, p 10.

136. Morrison, op cit n 72.

137. S Jordan, op cit n 84, p 454 and see Schmidt-Olsen, Sk Jensen, V Mortensen , ‘ Amateur Boxing in Denmark (1990) 18 American Journal of Sports Medicine 98.

138. Ibid.

139. See text above at n 96.

140. Morrison, op cit n 72. But, the research into eye injuries counters this argument against headgear, see Toczolowski et al, op cit n 90.

141. ‘… the longer one's professional boxing career, the greater is the likelihood of brain damage’: Casson et al, op cit n 92.

142. Jordan, op cit n 84, at p 458.

143. Amateur boxing carries a reduced risk of brain damage since the combatants fight for shorter periods and consequently suffer fewer blows to the head, see Kaste, et al, op cit n 92.

144. It is notorious that the speed of boxers and the frequency of punching is greater in an amateur, three-round fight, than in a professional fight, where being able to pace oneself is much more of a necessity, except for those with a knockout punch, not that many such boxers can guarantee to deliver such a punch so as to avoid a long, arduous fight.

145. Kaste et al, op cit n 92. See also Morrison, op cit n 72, p 2479, Smith, op cit n 90 and Schmidt-Olsen et al, op cit n 137.

146. BMA, Boxing, op cit n 17, p 18.

147. Law Commission Consultation Paper No 134, para 10.21.