Richard Vowles suffered spinal injuries
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The Welsh Rugby Union has challenged a legal ruling that a referee was responsible for an on-field accident that left a player paralysed for life.
The Union was in London's Court of Appeal on Monday to challenge a landmark legal ruling that Richard Vowles was entitled to damages from the WRU for spinal injuries suffered in a game.
Mr Vowles, 29, was injured in the final seconds of a local derby between
Llanharan and Tondu in January 1998 when a scrum collapsed.
At the High Court in London last December, the WRU admitted responsibility for the match referee's failure to opt for uncontested scrums, which caused the collapse.
The court ruling meant the cash-strapped WRU would be liable for millions of pounds in compensation.
Mr Vowles was present in his wheelchair at the appeal hearing.
Rugby is there to be enjoyed as a sport and is played for the love of the
game
John Leighton-Williams QC
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John Leighton-Williams QC, for the WRU and referee David Evans, told three
appeal judges that players were
well-aware of the risks of the game, particularly in the front rows of the
scrum.
Mr Leighton-Williams said: "There's obviously a risk of serious injury if a scrum
collapses. Those matters are known to all who play rugby.
"It is the duty of care of those playing the game to exercise reasonable
skill and care to achieve the objectives set out."
The accident happened when the two front rows failed to engage properly and Mr
Vowles, of Llanharan, south Wales, was wedged between the
players with too much pressure on his spine, the court heard.
The substitution earlier in the game of Christopher Jones for an injured
loose-head prop was argued to be a key factor in the scrum collapse.
Mr Vowles boxed at the Commonwealth Games
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Jones had agreed to take his place despite having little experience or
expertise in that position.
A High Court judge ruled last December that referee Mr Evans, for whom the WRU
accepted vicarious liability, had breached his duty to take reasonable care for
the safety of the front row forwards by failing to order non-contested scrums.
These scrums, in which no pushing takes place, can be held if a player in the
front row is unfamiliar with the position.
The appeal judges were warned today that the case, the first to hold an
amateur referee in any sport liable in an adult amateur game, would open the
floodgates for similar actions.
Mr Leighton-Williams said: "It's not too difficult to see a local advert
going out: `Have you had a sports injury? Have you been injured in a rugby
match? Come to us'.
"Rugby is there to be enjoyed as a sport and is played for the love of the
game.
"You impose liabilities on it and you change that world for ever."
He added that referees would refuse to turn up at matches in fear of action being brought
against them.
December 2002's hearing was solely on the issue of liability.
Mr Vowles's
lawyers have said that his damages entitlement, if he wins again in the Court of
Appeal, is expected to be very significant.