Jurisdiction(s):
United Kingdom

Volunteer sports organisers’ duty under SARAH 2015 and Compensation Act 2006: Hetherington v Fell—High Court endorses pragmatic risk assessment, dismisses contribution claim; negligent driver solely liable (England and Wales)

Published on: 17 September 2025

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

Hetherington v Fell and another [2025] EWHC 1487 (KB) What are the practical implications of this case?

This judgment has significant real-world consequences for advisers to voluntary bodies, especially within sport, regarding the existence and extent of their duty of care. The court expressly addressed the SARHA 2015 and the ComA 2006, confirming that the benchmark for volunteer-led clubs must not be pitched so high that it discourages worthwhile community participation. Accordingly, although a duty exists, liability should be approached pragmatically, recognising constrained resources and the charitable, not-for-profit character of these organisations. On risk assessment, the decision endorses qualitative grading (eg, ‘low’, ‘medium’, ‘high’) for smaller entities, instead of insisting on the detailed quantitative modelling typical of major employers. It further indicates that trivial administrative mistakes in assessment records—like misstated distances or phrasing of hazards—are unlikely to amount to a breach for volunteer groups, particularly where the core hazard was plainly taken into account. The court also made clear that one prior incident, notably where third-party negligence is accepted, does not of itself require organisers to reclassify the risk or to elevate their categorisation based on that solitary event alone at all...

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