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Home: Non-League Football Discussion: General Discussion:
Ossett United Court Case

 



leohoenig
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Nov 17, 2019, 12:03 PM

Posts: 13657
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Post #1 of 12 (4671 views)
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Ossett United Court Case Can't Post or Reply Privately

Can anyone shed more light on this, which leaves rather a lot of questions open
https://www.ossettutd.com/...threatens-all-sport/

What was specific about this that the insurance did not cover it?
Has the door been opened for sueing over accidental injuries, or was this considered a deliberate act?



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A.G.Ricer
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Nov 17, 2019, 1:51 PM

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Post #2 of 12 (4534 views)
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Re: [leohoenig] Ossett United Court Case [In reply to] Can't Post or Reply Privately

This was a civil action brought by Reece Welsh of Radcliffe Borough for damages for negligence after he suffered a badly broken ankle in a tackle by Ossett's player Sam Akeroyd. Presumably after hearing all the evidence the Judge decided that the tackle was negligent i.e not a run of the mill coming together. It seems that Ossett's insurance covered the costs of their defence but possibly not the damages awarded (19000) and not Welsh's costs. Although a figure of 135000 is given for the costs Ossett can contest the amount of these but not the actual award of costs.
Certainly not the first time such a civil action has been brought. I seem to remember one involving Ilkeston a few seasons ago. What has caught Ossett out is that their insurance was woefully inadequate.


boyspen
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Nov 17, 2019, 2:30 PM

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Post #3 of 12 (4496 views)
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Re: [leohoenig] Ossett United Court Case [In reply to] Can't Post or Reply Privately

From the info provided, it appears that the court decision was not based on whether it was considered a deliberate act or not, just that the tackle was deemed reckless. And as the player making the tackle received a red card, the decision seems to have been based on this (over-riding any eye-witness accounts or photos provided by the defence to counter-argue).



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genesimmons
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Nov 17, 2019, 6:44 PM

Posts: 343
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Post #4 of 12 (4173 views)
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Re: [boyspen] Ossett United Court Case [In reply to] Can't Post or Reply Privately

Bishop got sued years ago when a macclesfield player broke his leg. Man u sent a strong squad for a friendly with the likes of ryan giggs appearing and this helped the clun pay the costs. Maybe a top flight club could do the same for osset



You wanted the best, you got the best


andymac
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Nov 17, 2019, 10:15 PM

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Post #5 of 12 (3930 views)
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Re: [genesimmons] Ossett United Court Case [In reply to] Can't Post or Reply Privately

This has brought back to mind a situation that happened 3 plus years ago.
One of my sons who plays for the team I managed at the time was involved in an incident that was similar.
This was my sons first season back after suffering a double break of his tibia which necessitated a pin been inserted in his tibia and as a result of a delayed healing process kept him out of the game for nearly 2 years.
During a game not long after his return to football he was involved in an incident that resulted in himself and another player going down in a lot of pain. (Nothing malicious, just one of those things where 2 players are going for the ball). 2 ambulances on the pitch, and both transported to hospital. They are side by side through triage and xrays etc and are chatting throughout. My son has got away without serious injury due to the fact that his "tibial nail" means his leg is stronger. Unfortunately the other lad has a broken bone.
Many months later we were contacted by the clubs insurance company to say that the other player is claiming that his injury was the result of a reckless challenge. My son and myself have to give statements to the insurance company's solicitors.
During his stay in hospital the player had been in a bed next to someone I knew and had told him that there had been nothing malicious in the challenge and it was one of those things. Fortunately my acquaintance was willing to give a statement to that effect.
I still shudder to think how this may have turned out if I had not known about the conversation that had gone on between these two patients in adjoining beds.

andymac


noprogs
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Nov 19, 2019, 9:19 AM

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Post #6 of 12 (3163 views)
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Re: [A.G.Ricer] Ossett United Court Case [In reply to] Can't Post or Reply Privately

19k for the injury, and 135k for costs, tells you everything about the English legal system.


THDrummer1
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Nov 19, 2019, 7:12 PM

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Post #7 of 12 (2819 views)
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Re: [leohoenig] Ossett United Court Case [In reply to] Can't Post or Reply Privately

The implications are frightening. I'm struggling to see why the club are liable for the costs; was the player contracted to them and as such classed as an employee?


spen666
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Nov 20, 2019, 9:46 AM

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Post #8 of 12 (2563 views)
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Re: [THDrummer1] Ossett United Court Case [In reply to] Can't Post or Reply Privately


In Reply To
The implications are frightening. I'm struggling to see why the club are liable for the costs; was the player contracted to them and as such classed as an employee?


The club are liable for the costs because they were the defendants in the case. They fought the case. they lost the case

In the normal course of litigation costs follow the event...ie the losing party is liable for the winners costs.

Ossett were the losing party


THDrummer1
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Nov 20, 2019, 12:47 PM

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Post #9 of 12 (2386 views)
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Re: [spen666] Ossett United Court Case [In reply to] Can't Post or Reply Privately

Thanks for the reply spen666. So in hindsight if the club had said to the player 'nothing to do with us, it's your responsibility' would Ossett Town now be in the clear and not liable for the costs?


spen666
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Nov 20, 2019, 4:32 PM

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Post #10 of 12 (2237 views)
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Re: [THDrummer1] Ossett United Court Case [In reply to] Can't Post or Reply Privately


In Reply To
Thanks for the reply spen666. So in hindsight if the club had said to the player 'nothing to do with us, it's your responsibility' would Ossett Town now be in the clear and not liable for the costs?


No, because the player would have sued the club(as he did) and because the club lost in court they are liable to pay the costs of the case


Feversham Lens
Chelsea Transfer Target


Nov 21, 2019, 1:58 PM

Posts: 3425
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Post #11 of 12 (1805 views)
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Re: [leohoenig] Ossett United Court Case [In reply to] Can't Post or Reply Privately

Well, this case has made the Law Gazette:

https://www.lawgazette.co.uk/...laim/5102253.article


(This post was edited by Feversham Lens on Nov 21, 2019, 1:59 PM)


Mr. T
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Nov 24, 2019, 10:21 PM

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Post #12 of 12 (1233 views)
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Re: [leohoenig] Ossett United Court Case [In reply to] Can't Post or Reply Privately

This was featured in Radio 4's 'You and Yours' on Friday:
https://www.bbc.co.uk/sounds/play/m000bgp2

First feature, starts at 1m 10s for about 9 minutes.


(This post was edited by Mr. T on Nov 24, 2019, 10:28 PM)

 
 


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