Ashton United Lose Appeal

[DFC-Lee]

Ashton United v Marcus Hallows

As a club, Ashton United FC have been dealt a significant blow to their future by the recent court ruling, which rejected their appeal in the case brought by Mr Hallows.

At the outset of proceedings Ashton United clearly demonstrated that it did not have the financial means to meet any substantial claim from either its own funds or assets, yet Mr Hallows and his legal team continued with their legal action, aware that a successful outcome on their part would be liable to have serious implications for the club’s future. A dangerous precedent may have been set by this verdict, which Ashton United always felt was deeply flawed and everyone at Hurst Cross urges fellow clubs who may, one day, find themselves in a similar situation to take every possible action to protect their assets against potential claims in the future. Players cannot play without clubs to play for.

It is not difficult to determine who the real winners are here; Mr. Hallows will never get back the career he lost through an unfortunate accident on the field of play, the verdict will not help protect other players from accidental injury in similar circumstances, yet the cost of the legal fees due to both parties are much greater than any award granted to Mr Hallows by the court.

Over the next few days officials at Ashton United will be consulting with their solicitors, insolvency advisors, the Northern Premier League, the Manchester F.A. and Tameside Council about the club’s position, with a determination to carry on the club’s proud 132 year history if at all possible. Due to the urgency of this matter it is unlikely that any further official statements will be forthcoming in the immediate future.

I wish to place on record my thanks to my fellow directors, the officials, players and supporters at our club who have helped fight this action from within, the officials from the Northern Premier League for their assistance during this whole affair and also to our fellow clubs, from all levels of the game, whose officials, supporters and players have so generously backed our cause.


David Aspinall, Chairman, Ashton United FC.

[Si Robin]

It doesn't say in your post, but is this a player suing the club over a dangerous tackle in a league match last season? I'm sure I read something about it in the Non-League Paper.

[Hants Pilgrim]

All football players know the risks they face when they go out onto the field. To put it in simple terms, this was two consenting adults contesting for control of a football and one of them came out on the wrong side of those risks. Tough luck!

Quite how Ashton United are liable is beyond me. They are correct that this sets a dangerous precedent.

[StretfordEnd]

Originally Posted by Chelt Si

It doesn't say in your post, but is this a player suing the club over a dangerous tackle in a league match last season? I'm sure I read something about it in the Non-League Paper.

I've never understood how this case even got to court, or how Ashton United could be said to be in any way culpable.

OK - some background here - on 19th March 2005 Altrincham entertained Ashton United. During the game Marcus Hallows was badly injured after a tackle by Danny White - he suffered fractures of both tib and fib and had to wait over 30 minutes before an ambulance arrived - on the way to the hospital his heart stopped. Danny White was not booked for the tackle.

In June 2008 - yes over 3 years after the event - Hallows sued both Danny White and Ashton United for potential loss of earnings based on a semi-pro career until 35 years of age - Hallows was nearly 30 at the time of the incident. Original stories talked of £32,500 - later stories had the figure as high as £100,000 - certainly enough to financially ruin both club and individual - in fact I did touch on the case on this very blog back then . The story made national headlines at the time - one of the many quotes was that Hallows had to "restart his career" by becoming an Elvis Presley impersonator - not really - he was earning money from this act well before the accident (ask Sam Allardyce's wife) - and he has worked with a flooring company/in sales - as a semi-professional he could not have been dependent on his earnings from football.


In December 2009, Expert witnesses were brought into the case - acting for Hallows, Garry Mabbutt (ex-Spurs) said "It was an uncontrolled lunge" - acting for AUFC/Danny White, Jeff Winter (ex-ref) said "This particular challenge is commonplace in football at all levels" - unlike those 'lucky ones' at Premiership level, there was no video evidence - these experts were working off photos such as the one above and verbal statements of people "who were there". Ashton United had argued from the start that the tackle was "not malicious" but a "collision" - and also the fact that neither referee or linesmen took any action at the time.


A couple of points ref insurance - because the game was an away game for Ashton United, their public liability insurance would not cover any claims - as regards individual player insurance, I'm not so sure as obviously there are contract and non-contract players and I would think there are various ways and means - and much of it is up to the individual player rather than their club . A point of information - I as a "snapper" HAVE to personally take out £2 million of public liability insurance in order to take photographs at Conference level - it costs me about £90 a year - and I found this on the web tonight - obviously just an example but ...

Anyway ... the judge has ruled in favour of Hallows - and as Rasper says above this will now create a legal precedent which could theoretically turn football into a completely non-contact sport ... like bloody netball ... and potentially kill the game at our level. I thought long and hard about other such incidents - Eduardo (back playing after 12 months - no action taken against Martin Taylor), Henrik Larsson (back after 8 months out), David Busst (retired - leg healed, but infection and other muscle damage was too much) - obviously at the higher levels, the players ARE looked after and cossetted by their clubs - and are well provided with insurance etc. On the other hand we have Peter Morrison of Scunthorpe who was awarded over £400,000 compensation after a tackle that broke his leg in several places - although you must note that the tackler in this case WAS SENT OFF - unlike Danny White who WAS NOT EVEN BOOKED.

We mustn't forget Danny White and the mental damage this case has caused to HIS career (believe there could be a possible counter-claim option for Ashton United on behalf of Danny) - after leaving Ashton United he moved to Mossley for a while before moving on to Buxton and Retford - he hasn't played for a while ... for obvious reasons - and I'm sure there was plenty of work for an Elvis impersonator over the Christmas period .... And what about the officials who were involved in the game - if their decisions can be overturned by a judge (who may know jack about non-league football and the implications of his decision) on what I consider minimal evidence - there truly is no hope for the game

http://sixtamesides.blogspot.com/201...iteddanny.html

[DFC-Lee]

Originally Posted by Chelt Si

It doesn't say in your post, but is this a player suing the club over a dangerous tackle in a league match last season? I'm sure I read something about it in the Non-League Paper.

Sorry mate, forgot to put that, Stretford End has summed it up basically.

[The Shed End]

How can this rubbish be taken to court? I mean i've of expected a champions league star to do this,not a non-league semi-pro who'd been playing more for enjoyment than cash...It seems some non-league players aren't just in it for the game.

[OffertonHatter]

This is bullshit frankly.

[Yabba]

Marcus Hallows is a low life money grabbing prick. Simple as.

[TOM OAFC]

Hate to say it but in years to come can see more of these cases happening.