Appleton v El Safty

Appleton v El Safty

The court accepted the defendant's medical evidence that the claimant would have played at the top level for only three more years, then at a lower level, and had limited prospects as a manager. Damages were assessed accordingly, including for pain and suffering, loss of congenial employment, past and future loss of earnings, and related heads, but not on the basis of a full career to age 35 or substantial managerial success.

Parties
Claimant: Michael Appleton; Defendant: Medhat Mohammed El Safty
Jurisdiction
England and Wales
Judgment Date
23 March 2007
Procedural Posture
Civil Medical Negligence / Judgment After Full Trial on Quantum (damages)
Outcome
Claim allowed in part; damages awarded for pain and suffering, loss of congenial employment, past and future loss of earnings, and related heads, but on a reduced basis reflecting medical and career evidence.
Legal Topics
Personal Injury, Professional Negligence, Damages Assessment, Loss of Earnings, Loss of Amenity, Causation, Mitigation of Loss
Tort Medical Negligence Personal Injury Professional Negligence Damages Assessment Loss of Earnings Loss of Amenity Causation +1 more

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Parties

Michael Appleton

Claimant

Medhat Mohammed El Safty

Defendant

Procedural Posture

Civil Medical Negligence / Judgment After Full Trial on Quantum (damages)

Legal Issues

  1. 1 Assessment of damages for professional footballer following admitted medical negligence
  2. 2 Duration and level of lost football career but for negligence
  3. 3 Prospects of post-playing managerial/coaching career

Ratio Decidendi

The court accepted the defendant's medical evidence that the claimant would have played at the top level for only three more years, then at a lower level, and had limited prospects as a manager. Damages were assessed accordingly, including for pain and suffering, loss of congenial employment, past and future loss of earnings, and related heads, but not on the basis of a full career to age 35 or substantial managerial success.

Court Disposition

Claim allowed in part; damages awarded for pain and suffering, loss of congenial employment, past and future loss of earnings, and related heads, but on a reduced basis reflecting medical and career evidence.

Orders

  • Damages to be calculated and agreed in accordance with the court's findings on quantum.
  • Interest to be added as per agreed rate.