The historic carnival ‘killed off by claim culture’

  • Parents of boy injured at carnival two years ago suing owner of equipment for £30,000
  • Parish council chairman says it is ‘a tragedy’
  • Event generated £1,500 for charities every year

By
Liz Hull

20:04 EST, 24 May 2012

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20:04 EST, 24 May 2012

For more than 80 years the people of Waverton have celebrated with cream teams, cart horse rides and live music at their annual carnival.

But yesterday it emerged that the historic event in the quintessentially English village has been cancelled after becoming the latest victim of Britain’s burgeoning compensation culture.

Organisers say they are unable to hold the carnival in 2012 because they cannot get insurance for the Cheshire event after a 10-year-old schoolboy injured his leg while playing an unsupervised game two years ago.

Frustrating: Organisers say they are unable to hold Waverton carnival in 2012 because they cannot get insurance for the 80-year-old event

Frustrating: Organisers say they are unable to hold Waverton carnival in 2012 because they cannot get insurance for the 80-year-old event

His parents are attempting to sue a local businessman – who lawyers claim owns the play equipment – for £30,000 compensation and insurers are refusing to cover the event until the outcome of the case in September.

Last night Geoffrey Hughes, chairman of Waverton Parish council, said: ‘It’s an absolute tragedy, the carnival has been going since the war. It has always had a fantastic turnout, everyone is so disappointed that it won’t be going ahead this year.

‘But it is a sign of the times. People just see the pound signs in front of them – it’s this ”where there’s a blame, there’s a claim” culture.

‘I understand that the family involved wanted to withdraw and stop the litigation, but can’t because they will be liable for the solicitors fees they have incurred so far.

‘It is only the solicitors themselves that are the winners here. Unless the law is changed in this country, events like this with great tradition will keep being lost.’ Organiser George Wallace added: ‘Nearly all the neighbouring villages have lost their fetes thanks to this no-win no-fee claim culture.

It is sad that this has had to come to Waverton.’ It is understood the accident happened at the end of the carnival – which is a registered charity and generates just £1,500 for local people and businesses each year – in July 2010.

The boy’s parents were dancing in a nearby marquee at around 8.30pm when he decided to play on some equipment which had been used for the ‘five barrels’ game earlier in the day.

The game involves challengers wriggling along barrels suspended on a horizontal pole and ringing a bell at the end.

The first three barrels are weighted and stable, while the last two are unweighted, so less stable, causing the participant to fall onto a mattress below.

After the carnival the game was laid on its side against a hedge to put it out of use.

But it is believed someone pulled the game out and the boy fell or jumped off the barrels unsupervised and badly cut his leg. He needed hospital treatment and stitches.

Trevor Morris, of Chester-based Bartletts Solicitors, who is representing the boy, said: ‘Our client was walking along the barrels which (were).. laid out as an attraction when our client fell and sustained injuries to his left leg when he came into contact with metal edges protruding from the framework.’

Incident: A 10-year-old schoolboy injured his leg while playing an unsupervised game two years ago

Incident: A 10-year-old schoolboy injured his leg while playing an unsupervised game two years ago

The firm are suing Ed Walley, owner of the Crocky Trail, a children’s outdoor play centre nearby.

Lawyers claim he owned the equipment but Mr Walley denies it had anything to do with him.

‘For 20 years I ran the carnival, but I stepped back five years ago and only help out these days,’ Mr Walley said.

‘The solicitors obviously don’t want to sue the carnival itself, it doesn’t look good them taking action against a committee of well-meaning volunteers so they are going after me instead.

‘But it’s important for people to know that I had nothing to do with that equipment or the accident. The carnival has been cancelled because the insurers won’t cover it until they know the outcome of the court case, they want to know what they are getting into.

‘It’s a sad state of affairs that Waverton’s wonderful carnival has been lost because of this compensation culture which is destroying our way of life.’

The carnival has been held at the village on the outskirts of Chester since the 1930s.

Over the years it has played host to various attractions, including the crowning of the Rose Queen, children’s cart horse and mini fairground rides, live music from local bands, morris dancing, fancy dress and cake competitions, including the world’s largest strawberry pavlova.

Lawyers had offered to settle the claim for £12,000 compensation.
But this was refused and a court date has been set for September 14.

The boy’s father last night declined to comment.

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