Football – Future loss – Loss of chance – Loss of earnings – Sportspersons – Wages

Benjamin Collett v (1) Gary Smith (2) Middlesbrough Football and Athletics Company (1986) Ltd: QBD (Manchester) (Mrs Justice Swift): 11 August 2008

The court was required to assess damages for personal injury caused to the claimant ex-footballer (C) by a negligent tackle perpetrated by the first defendant footballer (S), for which the second defendant football company (M) was vicariously liable.

C had been an active member of Manchester United’s youth academy and, by the time he was 16 years old, had been offered a two-year scholarship contract with the club and a one-year professional contract thereafter. C became a skilled footballer and was presented with a prestigious award for his efforts on the field. However, before C was presented with the award, he suffered an injury when he was tackled by S during a match. The tackle was high and ‘over the ball’. As a result of that tackle, C suffered a fracture of the tibia and fibula in his right leg. Despite his extensive efforts to pursue a professional footballing career after his injury, C was unable to play to the same standard as he had done before the injury. C retired as a football player in 2007 to pursue a degree in English and a prospective career in journalism. M and S admitted liability.

Held: (1) The overwhelming likelihood was that C would have been under contract with Manchester United at least until the age of 21 years. On the evidence, C was entitled to a total past loss of earnings of £549,417, reduced to £456,095 to take into account risk of future injury and other contingencies. (2) Those of C’s contemporaries with similar, or even lesser, abilities had already established themselves at Championship level or above. Thus, barring injury or some unforeseen contingency, C would have played professional football, at least at the Championship level, throughout his career. In determining the appropriate multiplier it was necessary to consider at what age C was likely to have retired from the professional game. On the evidence, C would have, in all likelihood, continued to play professional football for a further 11 years at Championship level, with a good possibility of playing for a Premier League club. Taking into consideration the risk of future injuries and other contingencies, and deducting his earning potential pursuing a career in journalism, C was entitled to future loss of earnings of £3,854,328. (3) Although there was a possibility that C might have made a career for himself in football management and coaching, such a loss was too speculative to form a basis for an award of damages. Thus, no award would be made in respect of the loss of the chance to become a football manager or coach.

Damages assessed.

Richard Hartley QC, Jonathan Boyle (instructed by Beachcroft) for the claimant; Andrew Prynne QC, Oliver Campbell (instructed by Hextalls) for the defendants.