header-logo header-logo

£4.3m landmark compensation for injured Man United star

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll