Could the new Cheese Rolling festival be a legal minefield?
Personal injury law specialist Tracey Ashford of Quality Solicitors Rowbis, takes a legal look at the new look Cheese Rolling Festival:
THE announcement that the traditional Cheese Rolling event at Cooper's Hill is to be moved from spring Bank Holiday Monday to a weekend in June has caused considerable controversy.
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Legal eagle: Tracey Ashford
Since then, there has been talk of a breakaway unofficial event in May, similar to the one organised last year after the 'official' event was cancelled over fears about health and safety and traffic congestion.
This 2010 event went off without undue incident but, if anyone is organising another 'unofficial' event this year, they should check out the possible legal pitfalls very carefully beforehand. If not, it could prove a very expensive oversight.
The British public has become increasingly aware of their legal rights and are now more willing and more able to resort to legal action to obtain redress for injury, loss or damage caused by another party.
Every person who slips or trips at your event is a potential claimant. Every item of equipment or property coming on site carries the risk of being damaged.
Everyone in business needs liability insurance - the events sector is no exception. Whether your event is a breakfast meeting, car boot sale, international convention or festival, there are always risks no matter how seemingly innocuous the event.
Cooper's Cheese Rolling involves competitors hurling themselves down a near vertical slope in pursuit of a seven pound cheese travelling at speeds of up to 70mph towards a public road. The potential for disaster is horrifying.
To stage an event like this without liability insurance and without adequate safety and security measures in place is seriously asking for trouble.
The risk of one or more competitor injuring themselves is not just a possibility but - based on past experience - a very real probability.
Then there is the cheese itself - a seven pound unguided missile travelling at around 100 feet per second - quite capable of causing serious injury or even death to anyone or any pet in its path, not to mention the possibility of damage to property or vehicles at the foot of the hill.
Anyone considering organising a cheese rolling event should first of all carry out a risk assessment exercise and then take adequate precautions to minimise the risks identified.
Failure to carry out a risk assessment, failure to identify risks or failure to take precautions against these risks can make you liable.
The three main areas of possible liability are the participants, the spectators and of course residential property in the area.
Participants who willingly throw themselves down the hill are deemed to have accepted a degree of risk and do not necessarily have a very strong claim, although having them sign a disclaimer has absolutely no weight in law.
However, spectators have not accepted a degree of risk and the organisers must have ensured there is a safe distance between them and the cheese rolling or they could be held negligent.
If a claim does go to court and the organisers are found to be negligent there is no limit to the damages the court can award.
If, for instance, someone is permanently paralysed, the award will not only have to cover the injury itself but the care of that person for life which could run into millions of pounds.
So, if there is a group considering holding an 'unofficial' event, I would seriously urge them to take legal advice beforehand.
37 Comments
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by Shabba, Gloucester
Friday, March 25 2011, 9:09AM
“A seven pound unguided missile?
Oh we are all worried and are looking to get our helmets, body armour and face goggles just in case it hits the cathedral. How will we stop this lethal weapon from causing untold damage to the city?
I am afraid this article just shows how stupid this country has become that this professional lady really thinks we are reading her article and shaking in our boots.
Life is full of risks and the majority of people get by quite well without this type of basic drivel.
Reality calling........”
by Tony, Glos
Friday, March 25 2011, 4:14AM
“Stroud News & Journal have got it wrong, though...
'The organisers of the traditional cheese rolling on Cooper¿s Hill have decided to call it a day after running the gauntlet of threats and abuse over the proposed introduction of a £20 entrance fee.'
It *wasn't* the 'traditional event' that got killed off. That had already been killed off by overpublicising the event. And could that have happened because someone was already making money on the sidelines? Don't all pile in, I'm just asking...”
by Steady lads, Glos
Thursday, March 24 2011, 9:20PM
“Don't kick someone when they're down :(
They had a go at trying to make a circle of elf n safety and number of visitors
Question now is whether the police and councils come on side with the unofficial real event. They could still put a camera somewhere to link to a big screen nearby if they wanted - or put it on the net.
Will they want to support or try to close it down like any other large gathering?”
by Ryan, Gloucestershire
Thursday, March 24 2011, 9:01PM
“Richard Jefferies - I hope you have learn't a valuable lesson from this absolute disaster you created for yourself. How on earth did you expect to be able to charge people £20 for a traditional event that has always been free, in the current economic climate?”
by Bobby, Stroud
Thursday, March 24 2011, 9:01PM
“As I have said before, this attempt at charging for the cheese roll event is led by chancers.
They have tried it on. If nobody complained they would of made a mint for doing no work. I dont blame them for chancing their arm.
But they obviously did not understand Brockworth. As I keep saying - the event will happen on the normal weekend in the normal way.
And, to quote the son of a 1970's winner: "How will they keep us off the hill? We know a million ways up. What they gonna do - fence off the whole of the Cotswolds?"
I hope their festival is cancelled and this solicitor they (may or may not have paid) (alledgedly) goes back to her day job”
by Ryan, Gloucester
Thursday, March 24 2011, 8:56PM
“http://www.bbc.co.uk/news/uk-england-gloucestershire-12851174
The June event is no longer going ahead!! Brilliant news!!
This is a great result for Gloucestershire and I hope it's send's a message worldwide about how determined and united the people of Gloucestershire are!!”
by A Cheese, Coopers Hill
Thursday, March 24 2011, 7:18PM
“The committee has called off the cheese rolling festival: http://www.stroudnewsandjournal.co.uk/news/8931782.Threats_and_hostility_finally_kill_off_Cheese_Rolling_Festival/”
by Stunned Villager, Brockworh
Thursday, March 24 2011, 6:56PM
“So this is how low the committee is getting!!!!!!!!!!! Scared that the 30th will be a better turn out than the june event. Guess the ticket sales are not going to well then.
Why may I ask has this never been bought to our attention before I wonder??, considering the villagers have carried this out before.
To let you all know this is not an ORGANISED event..... It is locals going up to the hill on their FREE WILL !!!!!!! Get out of that one Committee.”
by tykelip, cheltenham
Thursday, March 24 2011, 5:56PM
“Tell the court: Was the cheese any good?
Would you chase it again if you could?
At what point did you find
You were out of your mind?
I have no further questions m'lud”
by Digger, Brockworth
Thursday, March 24 2011, 5:44PM
“Looks like touting for business to me. Legal eagle? More like legal vulture.”