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[Darren]

STATEMENT FROM ASHTON UNITED CHAIRMAN DAVE ASPINALL

Ashton United FC are disappointed that the courts have found against the club and former player Danny White in this distressing case. This verdict opens a potential can of worms for every single football club up and down the land as, based on the precedent set in this case, any incident resulting in an injury may now be subject to a legal challenge, regardless of the lack of any intent.

Speaking as someone deeply committed to the game of football, I fully understanding Marcus Hallows’ wish to seek redress for the unfortunate injury that he suffered in a challenge with Danny White during the game between Altrincham and Ashton United on March 19th 2005, however, Ashton United FC always felt that, as Mr Hallows’ injuries were suffered as the result of an accidental collision between two consenting adults playing a sport with a known degree of risk, no liability was owed by either Danny White or Ashton United for a genuine, if unfortunate, accident.

The club wishes to make no further comment at this stage until it has consulted with its legal advisors about the potential ramifications for both Ashton United and Danny White following this verdict. It is the club's understanding that no appeal may be forthcoming unless there is a dispute over a point of law

David Aspinall, Chairman Ashton United FC

[Ballers]

Blimey!

[Toff Apple]

will mean that clubs have to fork out for liability insurance against potential claims, will cost clubs a fair bit I guess

[Jezza]

Liability insurance I'd have thought was a no brainer for a football club operating in a sport with a known degree of risk....he said it himself....not a lot of sympathy I'm afraid.

The only and main defence in my view would be that the players themselves should be taking out their own insurance and it should be the clubs resposnibility to advise on this.

As a point of interest, does Altrincham FC have such cover or are the players covered by any insurance?

[AltyTunnelSteward]

I'm sorry but I think that this is an absolutely appalling decision by the court.

[blackpoolalty]

I'm sorry but I think that this is an absolutely appalling decision by the court.

I agree. By no means is it to reflect badly on Hallows... but

I thought the club would have insurance to cover THEMSELVES in the invent of a claim against them. Marcus sued both if im not mistaken, so perhaps Ashton didn't have this. I would have though it was the players responsibility to cover themselves.

[Toff Apple]

if that was the case then we would have insured hallows against loss of earnings, the only one winning today are the insurers

[York Alty]

an interesting verdict.

i wonder where the legislation about injuries at work etc come into this.

could have serious ramificatioons.

blimey...

[AltyTunnelSteward]

If this is the way things are going to go then Sport below a certain level will cease to exist.

I have every sympathy with Marcus, it was a horrible injury and yes he did lose out on a degree of potential earnings but to decide, without video evidence, that a player and more scarily, a club is culpable is just a farce.

I've always believed that British Justice is the best in the world but this is making me a lot less convinced.

[York Alty]

british justice is no better and no worse than oodles of other countires.

no better, no worse.

[casper]

I'm sorry but I think that this is an absolutely appalling decision by the court.

Without seeing the basis of the court's decision I think its a bit unfair to criticise the decision.

The decision is not a full precedent. There have been other football claims, which the court is bound to follow. However these previous decision have been based upon injuries stopping careers. Further the PFA automatically cover all their players through the Accident and Sickness Insurance Scheme in the event that the player suffers a specific injury or illness which results in their permanent total disability to play professional football, though this only applies to players in league two or above.

In relation to the case, without seeing the actual pleadings, all Hallows would have to prove is that on the balance of probabilities the challenge was reckless and caused a permanent injury which meant he could not continue with his trade as a footballer. This means that there was at the minimum level a 50.1% chance that the tackle could have ruined his career. A couple photo’s and expert opinion would normally seal the decision.

Recent cases include:

Collett v Smith (2009) where a former man utd youngster was awarded over £3m for a tackle that ruined his career at age 18.
Appleton v El Safty (2007) where a 25yr old was awarded compensation for an injury suffered in training, which wasn’t treated properly and the player had to retire.
Other cases have nearly come to the courts, but like Matty Holmes v Kevin muscat (£250,000 awarded in 2004 ) most are out of court, where it is cheaper to settle.

Personally, on the one hand the club has to be protected, which it should be through liability insurance. However on the other hand the player has had his income stream taken away, and would need to find alternative employment. What makes the Hallows case different, is that Alty was part-time, and his other job as an Elvis impersonator was also affected. Therefore Hallows could also claim loss of future earnings from his second job.

Ashton could consider an appeal, but it would be unlikely that they would succeed.

What would test the court is if a claim could be made by a player suffering a lengthy injury due to a poor tackle, for instance the current injuries to Johnson or Doughty. Under Tort law this type of action would be accepted, and the player could recover along the lines of a car crash victim contributing to their crash, but still being able to recover an award.

If this is the way things are going to go then Sport below a certain level will cease to exist.

I have every sympathy with Marcus, it was a horrible injury and yes he did lose out on a degree of potential earnings but to decide, without video evidence, that a player and more scarily, a club is culpable is just a farce.

I've always believed that British Justice is the best in the world but this is making me a lot less convinced.

looking through sporting injury cases, you will be suprised how many cases are brought through amateur football. I have even seen a case where a gym posted over 30 "no liability" posters, and informed all members that they must have training before using any equipment, despite this the courts still awarded over £10k for a guy who injured his back on a machine, which he hadnt had training for.

[AltyTunnelSteward]

Thanks Casper,

I will bow to your obvious knowledge on this matter.

I suppose part of my fear is that, at some point, someone sues a match official in a similar way to what happened to a Rugby Union Ref over, I think, an injury in a collapsed scrummage.

As  registered Referee and member of the RA I, personally, am covered by their insurance but were I to be sued and lose I don't think I would be able to continue and I suspect a good few other officials would feel the same.

[casper]

Thanks Casper,

I will bow to your obvious knowledge on this matter.

I suppose part of my fear is that, at some point, someone sues a match official in a similar way to what happened to a Rugby Union Ref over, I think, an injury in a collapsed scrummage.

As  registered Referee and member of the RA I, personally, am covered by their insurance but were I to be sued and lose I don't think I would be able to continue and I suspect a good few other officials would feel the same.

From my (rather short) experience of seeing lawyers in action, they will press for the smallest detail, the problem with our law is level of evidence required. It is very easy to bring an action for damages, and for the courts to accept that evidence. It is harder to disprove the evidence.
In the case of match officials, any incident could be seen from many different angles. If your covered by insurance, and made an error, i asume we all learn from them and move on. I can fully understand your point though, even if you make all the correct decisions someone (as we see with officials all the time) will find something to criticise.  

In relation to suing referees, i think this has already happened in england, albeit in an amateur sunday league match.
it was stanley v dean and hitchin council. a goalkeeper suffered injury when his foot went into a hole after kicking a ball, and sued for injury as the ref didnt inspect the pitch properly.  unfortunately i dont have a result of the case.

[York Alty]

Thanks Casper,

I will bow to your obvious knowledge on this matter.

I suppose part of my fear is that, at some point, someone sues a match official in a similar way to what happened to a Rugby Union Ref over, I think, an injury in a collapsed scrummage.

As  registered Referee and member of the RA I, personally, am covered by their insurance but were I to be sued and lose I don't think I would be able to continue and I suspect a good few other officials would feel the same.

ATSs un-stated point, and please do correct me if I am wrong ATS, is that without refs there is no game.

[AltyTunnelSteward]

Indeed Mr York, you are correct and hence my point about the potential demise of sport below a certain level.

I am aware of an attempted court case where a Cricketer attempted (unsuccessfully on this occasion) to sue an Umpire because he was struck by a short pitched ball, suffered a broken arm and was unable to work.