SPORTS clubs have been left reeling by a decision of three of the country's most senior judges which means they could be held liable for injuries caused by their players if violence breaks out on the sporting field.
The decision is one with major financial and insurance implications for the world of sport - and follows a case involving rugby player Andrew Gravil from Goole.
London's Appeal Court headed by Master of the Rolls, Sir Anthony Clarke, ruled that a
rugby club was liable to pay damages to the victim of an assault on the rugby field carried out by one of its players on a member of the opposing team.
The test case focussed on a match at Halifax in October 2005 between Halifax and Redruth Rugby Football Clubs.
Earlier courts had ruled that the Redruth club was not liable for the action of its second row player Richard Carroll when he punched Halifax prop forward, Andrew Gravil (24) of Sundrew Avenue, during the match. Both players were semi professionals.
It had, however, been held that Carroll was liable, and compensation for the punch had been assessed at £8,500 none of which has been paid.
Carroll had not disputed the claim and the judges today said the facts of the case were not in dispute. The incident was clear from DVD footage. The incident happened in the 46th minute of the match just after the start of the second half and followed an altercation after a scrum.
In last week's land-mark ruling the Appeal judges allowed an appeal by Andrew Gravil, who needed facial surgery to a fracture after the punch, against the earlier decisions that the Redruth club was not liable for the action of Carroll.
Sir Anthony Clarke said that what had happened was so closely connected with the employment of Carroll that it would be "fair and just" to hold the club responsible for the injury suffered by Gravil, who now plays for Hull Ionians.
He continued: "The punch is fairly and properly regarded as having been carried out while the first defendant (Carroll) was acting in the ordinary course of his employment, albeit part time employment, as a rugby player.
"Looking at the matter broadly, it is fair and just to hold the club liable for the punch in circumstances in which it can fairly be regarded as a reasonably incidental risk to the playing of rugby pursuant to the contract.
"For these reasons we would allow the appeal."
However, the judges stressed that they did not intend their judgement to be relevant to amateur clubs and organisations where a contract of employment is not involved.
But Goole AFC chairman, Des O'Hearne, said this week he disagreed with the ruling: "The club cannot be held responsible for a player's actions.
"To counter that if it does come to it, we would have to make every player sign a waiver because we can't afford to be paying out money at this level."
The full article contains 503 words and appears in Goole Courier newspaper.