NEWS REVIEW
SPORTS LAW EXPERTS
WARN OF EXPENSIVE ACCIDENTS
was 18 and making his debut for the reserve team.
L
eading sports law firm Dolmans
believes that the decision announced
“Gary Smith, admitted that the double fracture
by the High Court recently
to Ben’s leg was caused as a result of negligence,
awarding Ben Collett a figure in the region of
meaning that his employer Middlesborough FC,
£4.3 - 4.5m, will set a precedent for future
also had to admit liability and will have to meet
sports accidents and injuries.
the damages and costs awards.
The young Manchester United footballer
“The sum paid out is extraordinary for a
whose career was ended by a reckless tackle was
player that was yet to play a first team game and
awarded record damages, the highest ever payout
was only making his first appearance for the
to a sportsman or woman.
reserve side. Very few youngsters at the same
Dean Sheehan, head of corporate law and
stage of their careers, even those at Manchester
sports Law at Dolmans believes that this decision
United, could expect to receive such payouts.”
made towards Mr. Collett is similar to the Gravil
Mr Collett was awarded in the region of £4.3 “We insist that all our clients insure themselves
v Redruth RFC case on the back of which a new
million. Whilst final figures have not been agreed against career ending injuries. One of our clients has
law was created. The court ruling on this rugby
it is anticipated that the sums will include £3.9 had to then rely on such a policy, the former Leeds,
case said that clubs who employed sportsmen and
million for loss of future earnings, £460,000 for Leicester and Wales star, Matt Jones. However,
women were liable for their employees’ actions
past earnings and as much as £40,000 as currently in the market, insurers will only insure
on the sports field - even when these were
compensation for pain and suffering. you for five times your annual basic salary at most.
deliberate acts of assault which are not in any
Mr Sheehan continued: “The payout is so high “Ben Collett was justifiably able to secure far more
way connected to the sport being played.
for one main reason - very convincing evidence than that but still far less than he may have earned if
Mr Sheehan said: “Ben’s dream of breaking into
that Ben was going to be an outstanding player. he had turned out to be as successful as all the
the Manchester United first team was destroyed in
Ben’s legal team clearly did a great job in witnesses said that he could have been. It is a great
2003, when a challenge by Gary Smith, of
presenting compelling arguments. Very few sum of money but this will be no consolation to Ben
Middlesbrough, broke his leg in two places. Mr
people will call Alex Ferguson’s judgement of a who, I am sure, would give it all away tomorrow for
Collett, who had joined the club as a nine-year-old,
player into question. another chance to play football at the very top.” FSA
WARNING TO SPORTS CLUBS
aw firm Dolmans are warning of the
However, Carroll failed to satisfy the judgement and would have been the case some 10 years or so ago – then
L
significant effects of a ground-breaking
consequently the claimant sought to recover the damages the club would not have been found liable.
court case to sports clubs up and down the
from the club at the Court of Appeal. “In this case it is perhaps understandable why the
country.
The Court of Appeal decided that there was a court considered that a punch thrown during the course of
While sports players have previously been sued for
sufficiently close connection between the punch and the game is sufficiently closely connected to the player’s
deliberately injuring other players, a sports club has
Carroll’s employment as the skirmish was essentially contract of employment as to give rise to vicarious
become the first to be sued because one of their players
part of the game even though the whistle had been blown liability on the club. That in itself would cover numerous
was involved in a deliberate assault.
at the time the punch was thrown. Further, it decided that incidents that take place every weekend across the
Semi-professional rugby player Andrew Gravil was
it was fair and just to hold the club liable. country in football and rugby matches and consequently
left with a broken eye-socket after being punched in the
Clare Hoskins said: “The club’s liability arose out of this has got to be a concern for clubs who employ players.
face by Redruth Rugby Football Club player Richard
their own vicarious liability for the actions of their player “In this case, we understand that the club’s insurers
Carroll and, after suing the club, was awarded £8,500 in
on the basis that the player was employed by them. have agreed to cover the claim. Some insurance policies
damages together with his costs.
“Sports clubs have previously been found liable for may exclude injuries arising from deliberate assaults and
Partner Clare Hoskins, who is a member of the Sports
injuries arising due to the negligent conduct of players illegal conduct and so the risk may not be covered in all
Law Team of Dolmans Solicitors in Cardiff and is a lay
while on the field of play, but not for deliberate assaults instances.
member of the Sports Resolution Panel of Arbitrators,
by their players. “In any event, increased insurance premiums for the
said: “There have been previous incidents where players
“But the court decided that it was incumbent on cover are a likely consequence of this decision.
have sued other players for injuries deliberately caused
players and clubs to take all reasonable steps to eradicate “The question also arises as to what other activities
and indeed some players have been the subject of high
the risk of foul play which might cause injury. would be included, for instance if an assault takes place
profile criminal convictions for deliberate assaults.
“The club had not in fact disciplined the player and at an after match event. This is an area which will no
“However, the new feature in this case is that the
the court commented that it was an obvious temptation doubt develop.
player actually sued the club which has repercussions for
for a club to turn a blind eye to foul play.” “For organisers up and down the country, the sobering
all sports clubs.
Dolmans are now warning that sports clubs will feel thought of having to pay damages for any assault in
“Generally, the attitude of the courts to injuries in
the implications of the court’s decision. competitive games such as rugby, football, hockey, or any
competitive sport revolves around the maxim ‘volenti non
Clare Hoskins continued: “It is the increasingly other games where a brawl can break out is a worrying
fit injuria’ which essentially means that all players accept
professional manner in which sport is conducted - even prospect, particularly where legal costs can ensue.”
the risk of injury when they enter into competitive sport.
by clubs that are run for the local community and not for Dolmans Solicitors has a specialist sports law team
“But while players might accept the risk of an injury,
profit - which has essentially given rise to this situation which offers a complete legal service to sports
this does not mean that they consent to being deliberately
and which could have a detrimental impact on clubs after professionals, sporting bodies and organisations on a
assaulted.”
this decision. national and international level. FSA
In this case, the player was found liable at the first
“Had the player not been employed by the club but For more information call 029 2034 5531 or visit
instance hearing for the assault but the club was not.
had simply been playing for the team as a hobby – as www.dolmans.co.uk
12 | FOOTBALL & SPORTS ARENA | September/October 2008
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