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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. |
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 Collett as "outstanding", and a series of other footballers and ex-managers suggested he had a future in the game. | |
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 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" |
But Lady Justice Smith and Lord Justice Carnwath ruled that the compensation for a "lost career" was not excessive. | |
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 Brentford FC. | |
In May, he was released by Brentford after suffering a long-term ankle problem. |