Nick Grimshaw secures dismissal for damages brought by a former professional footballer

Nick Grimshaw, instructed by Heidi Swales at Kennedys (Sheffield), secured dismissal of an action for damages brought by a former professional footballer in relation to severe knee injuries he sustained during a match.

The footballer had required reconstructive knee surgery and claimed substantial damages from the venue where the match was held. The Claimant alleged his injuries were attributable to a defect in the artificial pitch surface, which caused him to catch his foot, twist and fall awkwardly.

After a 3-day trial before Her Honour Judge Evans at Manchester Civil Justice Centre, it was found that whilst the Claimant had undoubtedly sustained severe knee injuries, they had resulted from a football tackle during ordinary play. There was no defect whatsoever in the artificial pitch surface.

The Judge went on to make a finding that the Claimant had been fundamentally dishonest in the presentation of his claim against the venue. The usual QOCS order was disapplied and the Defendant’s costs of the action can be enforced to the full extent of their entitlement.

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