A LANCASHIRE League Cricket club is fighting a court decision which could see it having to pay up to £250,000 damages to a man who suffered burns to his face and hands at a bonfire night event it had organised.
Michael Bottomley, from Rochdale, whose face and hands were badly scorched while helping to set up a pyrotechnic stunt in November 1997, is suing the members and secretary of Todmorden Cricket Club for damages.
In December last year a judge, Mr Justice Simon, ruled that the club was liable to compensate the 35-year-old car mechanic, who claims the injuries he suffered have limited his ability to work with his hands.
But at a hearing in the Appeal Court last week the club battled to overturn that ruling, arguing that it should not have been held legally responsible because Mr Bottomley had been asked to help by two men, trading under the name Chaos Encounters, brought in to stage the display for the club's annual bonfire night charity event.
Mr Justice Simon said the club was liable because, where "extra hazardous activities" are involved, an event organiser is obliged to ensure that sufficient care is exercised by the contractor.
But challenging that ruling at a recent hearing, the club's counsel, Philip Havers QC, argued that no such duty existed and, even if it did, it was not owed to Mr Bottomley, who was at the time of the incident was acting as an "agent" of the independent contractor concerned.
At the end of the hearing Lords Justice Brooke, Walter and Clarke decided to reserve their judgement until a later date.
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