Cases

West Bromwich Albion FC v El-Safty

Facts

WBA football club signed a player, Michael Appleton, on a long-term contract in 2000. In 2001, he suffered an injury to his right posterior cruciate ligament. The Defendant, a consultant surgeon, advised that reconstructive surgery should be carried out. He performed the operation but it was unsuccessful. Mr Appleton never fully recovered and had to retire from professional football. It was admitted that the advice that the knee should be reconstructed was negligent. It should, at least initially, have been treated conservatively, in which case Mr Appleton would have probably have been fit again within about 4 months. WBA claimed damages from the Defendant for the losses which it alleged it had suffered in consequence of his negligence. The action was brought both in contract and in tort. The Defendant denied that there was a contract with WBA and denied that he owed any duty to WBA in tort. The existence of any duty in contract or tort was tried as a preliminary issue.

Also