Compensation Act 2006 

The Compensation Act 2006 was introduced by the Government in order to fulfil its commitment to bring forward appropriate legislation following the withdrawal of Julian Brazier MP s Private Member s Bill in 2004, for the protection of volunteer sports organisers from legal action by participants injured in recreational activities.

The Act does not seek to change the law, it does however address the current disproportionate fear of litigation and consequent risk-averse behaviour by some sports organisers. Section 1 entitles the court in a personal injury action to take into account whether a claim that a defendant should have taken particular steps to meet a standard of care might prevent a desirable activity from taking place, or might discourage persons from organising desirable activities.

A court is already entitled to take such considerations into account, but the Act may be useful in codifying this principle and reassuring volunteers that this may be a valid defence to a claim.  In reality not much will change in terms of the way Judges decide cases and clubs are still required to carry out their activities will all due diligence.

If you have any queries or comments, do contact the Legal Team Tel:  0844 5569519  Email: legal@rya.org.uk