Collett v Smith & Anor

Collett v Smith & Anor

The claimant, but for the defendants' negligence, would have had a successful professional football career at least at Championship level, with a 60% chance of playing in the Premiership for part of his career. Damages are assessed based on uplifted average earnings, with a 15% discount for risk of injury and other contingencies. No award is made for loss of chance to be a manager or coach due to speculative nature.

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 for Personal Injury / Judgment After Trial on Quantum
Outcome
Damages assessed for past and future loss of earnings; issues of pension loss and interest reserved for further hearing.
Legal Topics
Negligence, Loss of Earnings, Loss of Chance, Vicarious Liability, Assessment of Damages
Tort Personal Injury Employment Negligence Loss of Earnings Loss of Chance Vicarious Liability Assessment of Damages

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 for Personal Injury / Judgment After Trial on Quantum

Legal Issues

  1. 1 Whether the claimant would have had a successful professional football career but for the injury
  2. 2 At what level and remuneration would the claimant have played
  3. 3 What is the appropriate assessment of past and future loss of earnings

Ratio Decidendi

The claimant, but for the defendants' negligence, would have had a successful professional football career at least at Championship level, with a 60% chance of playing in the Premiership for part of his career. Damages are assessed based on uplifted average earnings, with a 15% discount for risk of injury and other contingencies. No award is made for loss of chance to be a manager or coach due to speculative nature.

Court Disposition

Damages assessed for past and future loss of earnings; issues of pension loss and interest reserved for further hearing.

Orders

  • Award of general damages for pain and suffering, loss of amenity and loss of congenial employment (£35,000)
  • Award of interest on general damages (£1,515)