header-logo header-logo

14 August 2008
Issue: 7334 / Categories: Legal News , Damages
printer mail-detail

£4.3m landmark compensation for injured Man United star

Insurance premiums set to rise after club and player admit liability

A decision to award a former trainee footballer, whose career was ended by a negligent tackle, £4.3m will have wide ranging ramifications for all levels of the game, experts say.

Manchester United trainee Ben Collett suffered a double fracture of the lower leg following a tackle by Middlesbrough’s Gary Smith in a reserve match in May 2003. In court both Middlesbrough and Smith admitted that the tackle was “negligent” leaving Mrs Justice Swift to assess the level of compensation that Collett should receive from Middlesbrough’s insurers.

Richard Hartley QC of Cobden House Chambers in Manchester says the ramifications of the judgment will be felt across all levels of football: “Clubs at both amateur and professional standing will need to examine carefully their third party insurance liability cover as cases like this will inevitably become more commonplace.”

Hartley continues: “Individual professionals, even many Premier League stars, have cover which is inadequate, particularly in light of the judgment. In practical terms we deal with an awful lot of these cases where amateur players lose their earnings because of events that happen on a Sunday morning, but why should they put up with it?”

Greg Rollingson, senior partner at Rollingsons Solicitors, says that proving liability is key to any similar claim.

“To succeed in an action for damages, an injured professional footballer would need to show that, on the balance of probabilities, that his opponent would have known that there was a significant risk that if he tackled in the way he did, the other player would be seriously injured,” he says.

Rollingson continues, “Essentially he would have to show that his opponent had been guilty of dangerous and reckless play to establish liability. Football clubs may now find that their insurance premiums increase in light of this judgment”.

Issue: 7334 / Categories: Legal News , Damages
printer mail-details

MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
back-to-top-scroll