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Ranulph Fiennes faked accidents to get exciting TV footage, court hears Ranulph Fiennes faked accidents to get exciting TV footage, court hears
(about 1 month later)
Sir Ranulph Fiennes faked accidents during a televised expedition to make his adventure look more exciting, a court has heard.Sir Ranulph Fiennes faked accidents during a televised expedition to make his adventure look more exciting, a court has heard.
Natalie Harrison, 38, from Portland in Dorset, suffered head and neck injuries during staged falls on a mountaineering expedition in the Cotopaxi region of Ecuador in October 2004 because Fiennes "wanted to secure some exciting footage for the cameraman", the appeal court heard on Thursday.Natalie Harrison, 38, from Portland in Dorset, suffered head and neck injuries during staged falls on a mountaineering expedition in the Cotopaxi region of Ecuador in October 2004 because Fiennes "wanted to secure some exciting footage for the cameraman", the appeal court heard on Thursday.
Harrison, an Oxford graduate, volunteered for the stunts, first "pretending" to fall down a crevasse in a glacier, then later to fall again, this time during a climb.Harrison, an Oxford graduate, volunteered for the stunts, first "pretending" to fall down a crevasse in a glacier, then later to fall again, this time during a climb.
Each time, she was "saved" by guides holding ropes, while a cameraman from US TV channel HBO, who was following the expedition, captured the action.Each time, she was "saved" by guides holding ropes, while a cameraman from US TV channel HBO, who was following the expedition, captured the action.
Harrison sued Jagged Globe (Alpine) Ltd, the Sheffield-based adventure holidays company, who laid on guides for the expedition at Fiennes's request.Harrison sued Jagged Globe (Alpine) Ltd, the Sheffield-based adventure holidays company, who laid on guides for the expedition at Fiennes's request.
The Eton-educated explorer and expedition leader had written to Harrison asking her to send him a full disclaimer, and in return offered her a £200 cheque for osteopathy sessions. He was not a defendant in the action.The Eton-educated explorer and expedition leader had written to Harrison asking her to send him a full disclaimer, and in return offered her a £200 cheque for osteopathy sessions. He was not a defendant in the action.
Instead she claimed that the guides provided by Jagged Globe owed her a duty of care and should have prevented her from taking part in the fake falls.Instead she claimed that the guides provided by Jagged Globe owed her a duty of care and should have prevented her from taking part in the fake falls.
Her claim was defended by the company's boss, Simon Lowe, but in April last year Judge Simon Freeland QC found Jagged Globe liable for the injuries she suffered during the staged fall into the crevasse, opening the door for a damages payout of up to £30,000.Her claim was defended by the company's boss, Simon Lowe, but in April last year Judge Simon Freeland QC found Jagged Globe liable for the injuries she suffered during the staged fall into the crevasse, opening the door for a damages payout of up to £30,000.
But three appeal court judges have exonerated the company of any responsibility for the "stunts" carried out at Fiennes's suggestion, and handed Harrison a £50,000 bill for legal costs.But three appeal court judges have exonerated the company of any responsibility for the "stunts" carried out at Fiennes's suggestion, and handed Harrison a £50,000 bill for legal costs.
The court heard Harrison was the only other climber to accompany the 68-year-old explorer on the self-led expedition.The court heard Harrison was the only other climber to accompany the 68-year-old explorer on the self-led expedition.
Patrick Limb QC, for Jagged Globe, argued that, whether or not the guides were negligent, the company could not be held legally responsible for injuries Harrison suffered while creating stunt footage for TV.Patrick Limb QC, for Jagged Globe, argued that, whether or not the guides were negligent, the company could not be held legally responsible for injuries Harrison suffered while creating stunt footage for TV.
Sarah Prager, for Harrison, argued that when the company's guides were asked to assist with stunts, it was still part of providing instruction and supervision.Sarah Prager, for Harrison, argued that when the company's guides were asked to assist with stunts, it was still part of providing instruction and supervision.
Lord Justice Pitchford, sitting with Lord Justice Laws and Mr Justice Lloyd-Jones, said: "Sir Ranulph suggested they should undertake a staged fall which would be captured on camera. The victim would fall into a crevasse. Miss Harrison volunteered to be the victim.Lord Justice Pitchford, sitting with Lord Justice Laws and Mr Justice Lloyd-Jones, said: "Sir Ranulph suggested they should undertake a staged fall which would be captured on camera. The victim would fall into a crevasse. Miss Harrison volunteered to be the victim.
"She would jump a crevasse, fall slightly short and be held suspended on climbing ropes by the guides. During this stunt her head was propelled forward into collision with the wall of the crevasse."She would jump a crevasse, fall slightly short and be held suspended on climbing ropes by the guides. During this stunt her head was propelled forward into collision with the wall of the crevasse.
"In a second staged fall, she pretended to fall while climbing. The first stunt caused long term headaches and the second caused soft tissue injury to her neck.""In a second staged fall, she pretended to fall while climbing. The first stunt caused long term headaches and the second caused soft tissue injury to her neck."
Lord Pitchford found that Harrison had "volunteered freely and without compulsion" to perform the stunts. He dismissed Judge Freeland's view that Jagged Globe owed a duty of care to Harrison in respect of carrying out the stunts as "an error of law".Lord Pitchford found that Harrison had "volunteered freely and without compulsion" to perform the stunts. He dismissed Judge Freeland's view that Jagged Globe owed a duty of care to Harrison in respect of carrying out the stunts as "an error of law".
He added: "When a person is perfectly well aware of the risk they are taking, the defendant doesn't owe such a duty. The activity in which Miss Harrison agreed to become involved had been no part of the itinerary for the purposes of the contract."He added: "When a person is perfectly well aware of the risk they are taking, the defendant doesn't owe such a duty. The activity in which Miss Harrison agreed to become involved had been no part of the itinerary for the purposes of the contract."
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