By Charles Randall
6 May 2014
The Oxfordshire Association village club Britwell Salome CC spent their financial reserves in erecting a 50ft netting to protect the garden of a detached house from flying cricket balls after the owner threatened a legal injunction to prevent cricket being played.
Britwell Salome, established for more than 85 years, introduced a local rule – used elsewhere by a few other clubs in a similar position – that made a six hit in that direction count as no run. They built a net at a cost of more than £4,000 after the owner, a 69 year-old woman, continued with her complaints at the start of this season.
The club's chairman Nigel Joyner, claimed there had been no disputes with any neighbour until this one started two years ago. “We managed to come to an amicable decision in January,” he said, “but it means we’ve had to use up all of our funds, money we had hoped to use to replace our tractor so we can cut our grass and build a new shed as the old one is falling down.”
The affluent village near Watlington appeared to support the cricket club fully. One resident even donated £400 towards the cost of the netting, installed on three 50ft posts from Norway. Another said: “It is only the odd ball that comes over every now and then, and the club would cover the cost of any damage caused.”
Recently the north London club Winchmore Hill CC circulated neighbours about the danger of flying cricket balls, on legal advice, with a warning that compensation would not be paid. Whether this will satisfy the courts only time will tell, but case history suggests that clubs should be safe from litigation if they take reasonable safety precautions – netting and not least shouted warnings from the field of play – provided the cricket was established before the affected neighbouring properties.
Legal disputes about safety seem to crop up each season somewhere in the country for hard-up clubs, though this problem is dwarfed by the danger to Charlton Kings CC, near Cheltenham. Their very existence is still under threat from legal action by the neighbouring landlord, a nasty turn-up that could cost the club some £100,000 in legal fees. And they will effectively lose their ground if a High Court appeal goes against them after a ruling in their favour earlier this year.
Advice and some six-hit cases
http://www.club-cricket.co.uk/news/details/143
Charlton Kings litigation
http://www.club-cricket.co.uk/news/details/343
Winchmore Hill local warnings
http://www.club-cricket.co.uk/news/details/357