Hun suing Hibs for £1 million

[hibs0666]

Desperado

[Mark79]

What a right trumpet. Good luck with that one.

[HibbiesandtheBaddies]

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Desperado

How can anyone determine what his future earnings would have been?

For me, Currie was one of the best of the 19s in that team, a grafter with a sweet left foot and he's playing for Berwick Rangers now.

Tell the hun cant to bolt.

[chrisski33]

He won't win! Remember he's dealing with petrie!

[matty_f]

I don't think the boy's got much hope, to be honest. Surely Rangers would have had him insured for stuff like this.

I would seriously doubt that there would be sufficient evidence to make a strong case as well.

[CropleyWasGod]

There is precedence, isn't there? Ex-Hibee Jim Brown?

[iwasthere1972]

He recovered enough to play again for Rangers Under 19's so maybe the reason that he left was he wasn't good enough. There's no guarantees that he would have made it big in football even if he did play for Scotland at youth level.

Bring it on.

[Hibby D]

Out of interest - if he did win the case where would the dosh come from? Would the club be insured for something like this?

[CropleyWasGod]

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Out of interest - if he did win the case where would the dosh come from? Would the club be insured for something like this?

I'm thinking some kind of Public Liability insurance, D.... like if you walk into a pub (as if!), and something falls on top of you... etc etc.

[Wotherspiniesta]

£1m?

Give the wee scaff £1 and tell him to put on a lucky dip.

[iwasthere1972]

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I'm thinking some kind of Public Liability insurance, D.... like if you walk into a pub (as if!), and something falls on top of you... etc etc.

That happened to me once in the Western Bar.

[CropleyWasGod]

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That happened to me once in the Western Bar.

That would be Pubic Liability...

[HibbiesandtheBaddies]

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That would be Pubic Liability...

[Hibby D]

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That would be Pubic Liability...

[iwasthere1972]

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That would be Pubic Liability...

[iwasthere1972]

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Suprised this has made the paper.

The player Currie/Hibs can defend with Volenti non fit injuria this is where McShea knew the risks of playing football with full knowledge of the facts and accepted the risk of injury by playing in the game. Even though Currie owes McShea a duty of Care the chain of causation has been broken by McShea voluntarily undertaking the risk by playing football which is a contact sport and anyone who knows about football knows that injuries similar to this happen all the time. If McShea can prove intentional conduct where someone deliberately hits someone or deliberately causes harm. The above defence may not apply if it was proved to be a malicious act.
So personally I don't think he stands a chance of winning this.

So he doesn't have a leg to stand on then. Good.

[one day maybe...]

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So he doesn't have a leg to stand on then. Good.

Sorry I should have looked at the case in more depth. There is a precedence with the case of Condon V Basi 1985.. it would come down to how the judge saw it and the factual evidence available.
http://www.bailii.org/ew/cases/EWCA/Civ/1985/12.html

Although this is the law in England & Wales.. Scots law may be different on this but I doubt it..

[Albion Hibs]

Good luck. Surely the player is liable for these actions. I am sure if this was the case the game in all quarters of the world would be in ruins as there is probably 101 joeys that claim they could have made a career from the game "if only this did not happen"....etc etc.

In any event Rod should just perhaps nip through to Ibrox for the next away game, he looks like one of the guys that asked me for a quid last time I parked through there. I am sure they could settle at a fiver which should be enough for a "half bottle of wine" as they like to call it!

[CB_NO3]

Does this lad have a twitter account?. Am sure after a few threats he may stop this claim

[cam75]

http://www.caughtoffside.com/2008/08...ending-tackle/



Was he good enough to play at a higher level?


Free phone No win No Fee here i think

[hibee92]

if he wins this case i'll personally double his compensation. what a clown

[blairwallace]

football is a game where injuries happen, surely theres something in a players contract where if the player gets injured the club isn't liable?

[Haymaker]

Wow, now you cant tackle anyone incase everyone get sued... jesus ****ing christ

[Hamish]

This one stood out on our city friends forum

No chance of sucess. We've seen several examples at the senior level of Hibs players trying to maim Hearts players and none of that ended up in court. Nor should it.

Just bad luck I'm afraid.

[franco]

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£1m?

Give the wee scaff £1 and tell him to put on a lucky dip.

Agreed mate what a chancer

[Wheat Hound]

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This one stood out on our city friends forum

No chance of sucess. We've seen several examples at the senior level of Hibs players trying to maim Hearts players and none of that ended up in court. Nor should it.

Just bad luck I'm afraid.

But Neil Berry, Pasquale Bruno and Mafia MacKay just slipped when they accidentally stamped/knee-capped/studded our players?

[Bostonhibby]

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Sorry I should have looked at the case in more depth. There is a precedence with the case of Condon V Basi 1985.. it would come down to how the judge saw it and the factual evidence available.
http://www.bailii.org/ew/cases/EWCA/Civ/1985/12.html

Although this is the law in England & Wales.. Scots law may be different on this but I doubt it..

If a claimant can prove it was deliberate and reckless they have a chance against the player and maybe the club, a judge will have to decide if the tackle was so reckless as to be beyond what is normally the most extreme challenge that could be regarded as part and parcel of the game.

Even then theres a debate about whether any insurance policy would operate to cover a deliberatly carries out act since they are intended to cover unintended outcomes of negligent acts - if its deliberately intended to maim / end careers or the outcome is what the tackler meant arguably no cover.

That would leave your man here up against Rod/the club - good luck wi that one. Rods legendary willingness to part with £1m aside the club may not be vicariously liable for the act of their then employee and then its back to the player.............

[grunt]

Will an U19 match against Rangers in 2008 have been filmed?

[lapsedhibee]

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Desperado

"Stupid weegie" isn't exactly headline news but what struck me there was the standard of journalism.

Currie was immediately sent off for the tackle and, despite being a man down, Rangers went on to win the game 5-1

A Hibs player was sent off yet Rangers were a man down? Bring back NOTW.

[Kaiser1962]

Proving intent is practically impossible under any circumstances let alone during a competetive match. The likelihood in most cases like this is the tackle is just a poor one. There will be the occassional one that isnt (Roy Keane, Souness on Beastie) but these are extremely rare.

I feel for the guy but there is a massive difference between potential and achievement. The Huns have previous (Durrant against Simpson) while convienently forgetting assaults carried out by their own players.

How many players at that level make it the first team, or beyond? Precious few in reality.

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If a claimant can prove it was deliberate and reckless they have a chance against the player and maybe the club, a judge will have to decide if the tackle was so reckless as to be beyond what is normally the most extreme challenge that could be regarded as part and parcel of the game.

Even then theres a debate about whether any insurance policy would operate to cover a deliberatly carries out act since they are intended to cover unintended outcomes of negligent acts - if its deliberately intended to maim / end careers or the outcome is what the tackler meant arguably no cover.

That would leave your man here up against Rod/the club - good luck wi that one. Rods legendary willingness to part with £1m aside the club may not be vicariously liable for the act of their then employee and then its back to the player.............