In reply to Dave Flanagan:
No negligent accident, no negligence.
Negligent accident, negligence.
Basic qualifications don't come into it.
As someone else has said, the act is 'negligent' if someone with the basic expected qualification (in this case SPA/CWA) would be expected to know better, regardless of whether or not they hold that qualification.
Are you suggesting that if an unqualified but experienced instructor took out a bunch of people climbing, and no accident occurred but someone decided to try and sue them, that the judge might say 'hmm, I think you should have some qualifications, so I hereby award some entirely arbitrary money transfer'? Not even sure what to call the money transfer - it wouldn't be 'costs' (no costs/harm), and wouldn't be a 'fine' (no criminal element)...
Or more reasonably, if an accident did occur but if the instructor was not negligence (say a broken ankle from an unlucky bouldering fall), that the judge's might ignore that actual lack of negligence and award costs anyway?
The only time qualifications _might_ come into it is if you had more advanced qualifications ABOVE what would be expected, when you might be held to _higher_ standards (i.e. as you have qualification XYZ you should have known about scenario ABC which a mere SPA holder wouldn't).
Post edited at 13:46