Collett v Smith & Anor [2008] EWHC 1962 (QB) (11 August 2008)

Collett v Smith & Anor [2008] EWHC 1962 (QB) (11 August 2008)

The court found, on the balance of probabilities and weighing both statistical and qualitative evidence, that the claimant would have had a successful career as a professional footballer at least at Championship level, with a substantial chance of playing in the Premier League. The injury caused by the defendants' admitted negligence deprived him of this career, entitling him to damages for loss of earnings, pain and suffering, and loss of congenial employment. The court rejected a purely statistical approach in favour of a holistic assessment based on the claimant's proven abilities, achievements, and expert testimony.

Citation
[2008] EWHC 1962 (QB)
Parties
Claimant: Benjamin Collett; First Defendant: Gary Smith; Second Defendant: Middlesbrough Football and Athletics Company (1986) Ltd
Jurisdiction
England and Wales
Judgment Date
11 August 2008
Procedural Posture
Assessment of Damages (personal Injury) / Judgment After Trial on Quantum
Outcome
Damages awarded to claimant
Legal Topics
Negligence, Vicarious Liability, Assessment of Damages, Loss of Earnings, Loss of Chance, Future Earnings, Pain and Suffering
Tort Law Personal Injury Sports Law Negligence Vicarious Liability Assessment of Damages Loss of Earnings Loss of Chance +2 more

Case Brief

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Parties

Benjamin Collett

Claimant

Gary Smith

First Defendant

Middlesbrough Football and Athletics Company (1986) Ltd

Second Defendant

Procedural Posture

Assessment of Damages (personal Injury) / Judgment After Trial on Quantum

Legal Issues

  1. 1 Whether, but for the defendants' negligence, the claimant would have had a successful career as a professional footballer and at what level
  2. 2 What level of remuneration the claimant would have achieved
  3. 3 Whether the claimant lost a chance of a career in football management or coaching

Ratio Decidendi

The court found, on the balance of probabilities and weighing both statistical and qualitative evidence, that the claimant would have had a successful career as a professional footballer at least at Championship level, with a substantial chance of playing in the Premier League. The injury caused by the defendants' admitted negligence deprived him of this career, entitling him to damages for loss of earnings, pain and suffering, and loss of congenial employment. The court rejected a purely statistical approach in favour of a holistic assessment based on the claimant's proven abilities, achievements, and expert testimony.

Court Disposition

Damages awarded to claimant

Orders

  • Defendants to pay agreed general damages for pain, suffering, loss of amenity and loss of congenial employment (£35,000 plus interest)
  • Defendants to pay agreed damages for gratuitous care (£2,469 plus interest)