Player's £40,000 punch: Injured ex-Halifax rugby prop wins landmark case
Published Date:
19 June 2008
A FORMER Halifax Rugby Union player has won a landmark ruling after being seriously injured in a foul during a match.
Ex-Ovenden Park prop forward Andy Gravil was punched in the face during a league game against semi-professional Redruth RFC in October 2005.
Yesterday the Cornish club was landed with a bill for almost £40,000 after the nation's top civil judge ruled it fully liable to compensate Mr Gravil who suffered a fractured eye socket which put him out of the game for six months.
The Master of the Rolls, Sir Anthony Clarke, said it was well known that punch ups and other foul play during rugby matches are a common, "though undesirable", part of the modern game.
He said there was an obvious temptation for rugby clubs to turn a blind eye to foul play in their desperation to win, but that it was incumbent on them to ensure that, while being told to "play hard", players are not encouraged to "play dirty".
London's Court of Appeal heard Mr Gravil was playing prop forward for Halifax in their National League Division Two match against Redruth, at Ovenden Park, when a scrum descended into a free-for-all and Redruth second row forward Richard Carroll punched him in the face.
Mr Carroll was given a yellow card by the referee but, after Halifax cited him, the Rugby Football Union ruled that although there had been some provocation it had not been directed at him and that he should have been given a red card and sent off. He was suspended for eight weeks.
Sir Anthony, sitting with Lady Justice Smith and Lord Justice Richards, said Mr Carroll had admitted before the RFU that he "deliberately assaulted" Mr Gravil and there was no doubt that the Redruth player was guilty of an "actionable trespass to the person".
"The punch amounted to a failure to perform his duty. His employment as a second row forward did not merely give Mr Carroll the opportunity to punch Mr Gravil, it was an act done in the course of that employment".
In words of stern warning to rugby players and their clubs, the judge said: "It is incumbent on both players and clubs to take all reasonable steps to eradicate, or at least minimise, the risk of foul play that might cause injury."
Mr Gravil, of Goole, who left Ovenden Park in 2007, and now plays for Hull Ionians, was awarded £8,500 damages for his injuries and Redruth RFC were also ordered to pay the heavy legal costs of the case. The club must pay £30,000 of those costs by next month, but the total bill, which has yet to be assessed, is certain to be substantially greater than that.
Speaking after the case Mr Gravil said: "I am glad that it is over. I am delighted with the outcome and I am very grateful to the people who have worked so hard on my behalf."
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Last Updated:
19 June 2008 10:40 AM
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Source:
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Location:
Halifax