Altyfans.co.uk - Altrincham Football Club Fans Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

PLEASE JOIN THE ALTRINCHAM FC PATRONS SCHEME TODAY
* HELP THE CLUB THROUGH THE COVID-19 SHUTDOWN
* HELP FUND THE CLUB TO BIGGER AND BRIGHTER THINGS
* HELP THE MANAGERS ATTRACT THE PLAYERS THEY NEED TO PUSH THE CLUB FORWARD

https://www.altrinchamfc.com/club/the-patrons-scheme

+ Altyfans.co.uk - Altrincham Football Club Fans Forum » General Category » Altrincham FC First Team
 Tom Kearney v Wrexham - High Court Tomorrow
Pages: 1 [2]

Author Topic: Tom Kearney v Wrexham - High Court Tomorrow  (Read 8006 times)

Mallorca Alty

  • Regular First Team
  • *****
  • Offline Offline
  • Posts: 1605
  • aka Cestrian Alty
    • View Profile
Re: Tom Kearney v Wrexham - High Court Tomorrow
« Reply #15 on: September 03, 2012, 05:09:00 PM »

In my opinion Frank Sinclair deserves to be sued for every penny he has got for appearing to show a lack of remorse for his challenge. But he will probably get away with it. Wrexham FC deserved to be sued for not sacking him straightaway after that challenge.
Logged
They really should be beating teams like us

Holmes Chapel Alty

  • Regular First Team
  • *****
  • Offline Offline
  • Posts: 4407
    • View Profile
Re: Tom Kearney v Wrexham - High Court Tomorrow
« Reply #16 on: September 03, 2012, 05:10:36 PM »

Just to add some further analysis on the case, as per what Teaser wrote, I am a solicitor who was part of the team who acted on the Ben Collett v Middlesbrough FC High Court case in 2008. I was involved with the trial and general work around the quantum (the amount of loss claimed) and the liability, which I believe is being decided in Tom's case today, was already settled before my involvement.

Tom's case will be that Frank Sinclair and Wrexham FC, who are vicariously liable for their employees, broke their duty of care to Tom and ended his career. The existence of a duty of care here is not in doubt, the elements of proximity and the defendant being placed in a position of responsibility is clear.

The issue is the breach and I suspect this is the crux. I did not see the tackle but a breach of duty would have to involve Sinclair not applying due care and skill in the challenge. Obviously, the standard set for the breach will be different in the circumstances. A conference player would not be expected to have the same degree of skill as a Premier League player. However, as we all know, there are challenges which are wreckless at any level, which inevitably get red cards, this would fit the 'reasonableness' test of whether the due care and skill was applied. I'll leave it for the Court to decide. Obviously, once that's proved then causation and loss should be fairly comfortable (unless Tom's surgeon is somehow to blame for his injury not healing and thereby ending his career).

The BIG issue from the Collett case was that clubs had always taken out insurance policies to protect them from the loss that their own player would be injured and have their career ended. However, as a result of the case, it became established that as clubs owed a duty to other players as a reuslt of their own employee's actions, they should/would have to take out insurance for claims made against them as a result of their players' negligent actions. Therefore, as I saw Middlesborough's insurers pay out 4.5m to Ben Collett, I would expect that Wrexham will have had cover in place (much like any business will insure against losses caused by an employee's actions), or would have retrospectively purchased insurance cover for the eventuality of losing this case.

Anyway, let's hope Tom wins.

Ancoats Alty

Ancoats, I hear exactly what you say there.

Is there case law in existance then to say that Wrexham would be potentially held liable for Sinclairs challenge? If so then I guess it will come down the insurance policy is place and what restrictions, if any, are written into the policy. If not then maybe there is a case for new precident here?

I guess without full knowledge of what insurance is in place and existing case law it is hard to tell where this one will fall and who will ultimately be held accountable.

Ultimately, like you, I hope that Tom wins.
Logged

Jimmy

  • Regular First Team
  • *****
  • Offline Offline
  • Posts: 3823
    • View Profile
Re: Tom Kearney v Wrexham - High Court Tomorrow
« Reply #17 on: September 03, 2012, 05:16:38 PM »

In my opinion Frank Sinclair deserves to be sued for every penny he has got for appearing to show a lack of remorse for his challenge. But he will probably get away with it. Wrexham FC deserved to be sued for not sacking him straightaway after that challenge.
.         


Normally I don't agree with you mate I do on this
Logged

Jimmy

  • Regular First Team
  • *****
  • Offline Offline
  • Posts: 3823
    • View Profile
Re: Tom Kearney v Wrexham - High Court Tomorrow
« Reply #18 on: September 03, 2012, 05:22:40 PM »

As for alty with Tom we were a mid table conference side with two  good signings away from playoffs even,I think what's
 Happened to us shows what a class act he was
Logged

ancoats alty

  • Guest
Re: Tom Kearney v Wrexham - High Court Tomorrow
« Reply #19 on: September 03, 2012, 05:25:37 PM »

Well, the two I know about are the Ben Collett one (any google search will give you the newspaper reports) and a claim Gordon Watson (formerly of Bradford I think) took out against Shef Wed (?). Both times, the club's insurers had to pay out and I would be shocked if Wrexham did not have cover in place for this as surely it is a massive risk to go to the high court and potentially lose, knowing that there is no insurer covering your pay out for damages and costs.
Logged

Holmes Chapel Alty

  • Regular First Team
  • *****
  • Offline Offline
  • Posts: 4407
    • View Profile
Re: Tom Kearney v Wrexham - High Court Tomorrow
« Reply #20 on: September 03, 2012, 05:41:27 PM »

Well, the two I know about are the Ben Collett one (any google search will give you the newspaper reports) and a claim Gordon Watson (formerly of Bradford I think) took out against Shef Wed (?). Both times, the club's insurers had to pay out and I would be shocked if Wrexham did not have cover in place for this as surely it is a massive risk to go to the high court and potentially lose, knowing that there is no insurer covering your pay out for damages and costs.

Agree, you would have to assume that it is therefore Wrexham FC's insurers going to court on their behalf.
Logged

Ballers

  • Regular First Team
  • *****
  • Offline Offline
  • Posts: 5164
    • View Profile
Re: Tom Kearney v Wrexham - High Court Tomorrow
« Reply #21 on: September 03, 2012, 06:23:55 PM »

As for alty with Tom we were a mid table conference side with two  good signings away from playoffs even,I think what's
 Happened to us shows what a class act he was

Breaks my heart.

Given how it affected us a as a club we should be bloody suing Sinclair and/or Wrexham!! Giving us Wes Baynes on loan was hardly compensation.

Good luck to Tom, I hope he wins. Generally in these cases I'm a bit uneasy about litigation. A sheepish walk off from Sincalir and a private apology would probably have made me view it as an accident and that's life.

f**king applauding a standing ovation as you walk off while the player whose career you've just ended is stretchered off with a badly broken leg makes me want to hope the C**t loses everything he's ever earned.

What the f**k was the ovation for anyway? 18 minutes of moderate defending? Hardly like he'd given a full heroic Terry Butcher or Richard Dunne type performance for 90 minutes and the tackle was a last desperate goal line lunge to prevent us getting a winning goal was it??
« Last Edit: September 03, 2012, 09:26:38 PM by Ballers »
Logged

blackpoolalty

  • Regular First Team
  • *****
  • Offline Offline
  • Posts: 2341
    • View Profile
Re: Tom Kearney v Wrexham - High Court Tomorrow
« Reply #22 on: September 03, 2012, 06:58:25 PM »

Wasn't at Wrexham but our performance at Barrow that year stood out for me. We were defiantly going places...
Logged

Jimmy

  • Regular First Team
  • *****
  • Offline Offline
  • Posts: 3823
    • View Profile
Re: Tom Kearney v Wrexham - High Court Tomorrow
« Reply #23 on: September 03, 2012, 08:18:33 PM »

In a ideal world sinclaire would pay the cost yes the booing was appalling but the tackle was down to him not the club
Logged

Romeo 48

  • Regular First Team
  • *****
  • Offline Offline
  • Posts: 7119
  • It's only the memories that keep me going
    • View Profile
Re: Tom Kearney v Wrexham - High Court Tomorrow
« Reply #24 on: September 03, 2012, 09:18:20 PM »

Ancoats Alty states that "a Conference player would not be expected to have the same degree of skill as a Premier League  player". Let us not forget that Siclair actually WAS a Premier League player for some years, so that caveat should not apply in this case.
Logged
Still better placed than our three Wembley opponents

B. 4D

  • Regular First Team
  • *****
  • Offline Offline
  • Posts: 1580
    • View Profile
Re: Tom Kearney v Wrexham - High Court Tomorrow
« Reply #25 on: September 03, 2012, 10:39:32 PM »

I think with Kearney, we would still be in the conferance?
Top player.
Don't know how Sinclare sleeps at night.
One could say, That guy was well past it.
Logged

hsmith1

  • Regular First Team
  • *****
  • Offline Offline
  • Posts: 4919
    • View Profile
Re: Tom Kearney v Wrexham - High Court Tomorrow
« Reply #26 on: September 10, 2012, 11:20:34 AM »

Any news about the court case?
Logged
Harold
Pages: 1 [2]
+ Altyfans.co.uk - Altrincham Football Club Fans Forum » General Category » Altrincham FC First Team
 Tom Kearney v Wrexham - High Court Tomorrow