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Boro loses £4.3m damages appeal Boro loses £4.3m damages appeal
(41 minutes later)
Middlesbrough Football Club has lost an appeal against a £4.3m damages award after a tackle which ended a promising footballer's career.Middlesbrough Football Club has lost an appeal against a £4.3m damages award after a tackle which ended a promising footballer's career.
Manchester United youth player Ben Collett's leg was broken in a 2003 reserve game against Middlesbrough.Manchester United youth player Ben Collett's leg was broken in a 2003 reserve game against Middlesbrough.
Boro player Gary Smith and his club admitted liability, but challenged the amount, saying the then 18-year-old had not yet proved his potential. Former Boro player Gary Smith and his club admitted liability, but challenged the amount, saying the then 18-year-old had not yet proved his potential.
Their appeal was rejected at Manchester's Civil Courts of Justice.Their appeal was rejected at Manchester's Civil Courts of Justice.
United manager Alex Ferguson and captain Gary Neville were among those who gave evidence at the 2008 hearing to decide the total amount of damages.United manager Alex Ferguson and captain Gary Neville were among those who gave evidence at the 2008 hearing to decide the total amount of damages.
Mr Ferguson described Mr Collett as "outstanding", and a series of other footballers and ex-managers suggested he had a future in the game. Mr Ferguson described Collett as "outstanding", and a series of other footballers and ex-managers suggested he had a future in the game.
The court heard Collett could have earned more than £13,000 a week, and could have played until the age of 35. The court heard he could have earned more than £13,000 a week, and could have played until the age of 35.
'On cusp''On cusp'
Sitting at London's High Court, Mrs Justice Swift awarded the player £4.3m and said the final sum payable was unlikely to be less than £4.5m.Sitting at London's High Court, Mrs Justice Swift awarded the player £4.3m and said the final sum payable was unlikely to be less than £4.5m.
But Middlesbrough FC argued that the former youth player was only "on the cusp" of becoming a first team member, and that his future was entirely dependent upon how he performed in the adult game. But at the appeal hearing in Manchester, Andrew Prynne QC, representing Middlesbrough, said Collett might not have made it in the Premier League and could have become a Championship footballer.
He also suggested the amount of the award had over-estimated Collett's earning potential if he had gone on to play in either of the top two divisions.
Sir Alex Ferguson described Collett's attitude as "magnificent"Sir Alex Ferguson described Collett's attitude as "magnificent"
Dismissing the appeal, Lady Justice Smith and Lord Justice Carnwath agreed that not only was the compensation for a lost career not excessive, but there was a chance Collett could have achieved even more as a footballer. But Lady Justice Smith and Lord Justice Carnwath ruled that the compensation for a "lost career" was not excessive.
Mr Collett, now 23, was part of the club's FA Youth Cup-winning team in 2003. Lady Justice Smith said: "The judge has put into the balance the possibility that the respondent might have done better than she had predicted.
"She was entitled to take that view."
Collett, now 23, was part of the club's FA Youth Cup-winning team in 2003.
He was playing in his first reserve team game for the Old Trafford club that same year when the tackle broke his leg in two places.He was playing in his first reserve team game for the Old Trafford club that same year when the tackle broke his leg in two places.
He has since enrolled at Leeds University, where he is studying English.He has since enrolled at Leeds University, where he is studying English.
Gary Smith was released by Middlesbrough and went on to play for MK Dons, before a free transfer to his current club, Brentford FC. Gary Smith was released by Middlesbrough and went on to play for MK Dons, before a free transfer to Brentford FC.
In May, he was released by Brentford after suffering a long-term ankle problem.