Years ago, when I learned my Law of Tort, a standard defence against personal injury or damage claims was that of volenti non fit injuria; to a willing person, no harm is done. A rugby player who had voluntarily played in a game of rugby, knowing the expected risks and the behaviour of players, could not successfully claim for having his shirt ripped or his eye blacked, but if his opponent hit him on the head with a Polo mallet he may have a case. It was a sensible little legal tenet and I have often wondered what became of it.
Now it seems, following Lord Young's report, it may be rediscovered. Cheese flonkers and barrel dwilers may once again race down slippery grassy slopes in pursuit of their cheese, the citizens of Lewes may burn barrels of tar and young boys may test champion conkers and suffer the pain of bruised knuckles made agonising in the November cold. Excellent.