Matt West

[Press Off]

Barking FC chairman Gill Faherty has announced that Tuesday's game against Eton Manor will be entry by contribution with all monies going to Matt West including programme, raffle and bus stop money.

 

 

 

[Talk_Is_Cheap]

What a nice little touch......well done to the Barking Chairman ..!!

 

Lets hope Matt has a speedy recovery..!!

[Barking Mad]

That is a really good idea. Nice one Gill!

[smallsy]

Hello all, been a while. Just like to wish the player a speedy recovery and congratulate Barking FC on the gesture.

[Press Off]

Lates report from Top-dog -just to let people know mat had another op on thursday doctors were not happy with his ankle as it was not in line he is now in plaster and hopefully will be out soon .

[Press Off]

Just a word about our physiotherapist, Alan Richards, who,in his calm,quiet and modest way, dealt admirably with a terrible situation and did everything possible to protect Matt from infection and loss of blood.

 

 

[Press Off]

Barking physio Alan Richards reports-

 

As we are all aware, Matty received a serious leg injury after just eighteen minutes of Tuesdays match against Eton Manor. The latest news that I have is that Matty had an operation on Wednesday morning on a double fracture of his right tibia. I would like to thank everybody, players, supporters and officials, for their help and assistance on Tuesday evening. Matty had an open wound on his shin (which was partially obscured by his shin pad and sock), and my priority at the time was to compress the area, and to try and reduce, as far as possible, any loss of blood, whilst also trying to avoid any infection. Whilst I was doing this, a number of other people, especially Steve Munday, Rob O'Brien, Brian Sutchley and Scott Walsh ensured that Matty was kept as warm and as comfortable as possible whilst we waited for the ambulance. I am also aware that a number of supporters were stationed at the entrance of the car park to guide the ambulance in, and I would also like to thank them for their help.

 

 

[Press Off]

Barking coach Neil Day reports-Spent some time with Matty on Friday and he was at least in remarkably good spirits, he's a strong character and hopefully we will see him back in a Barking shirt sometime in the future

[Jenko]

Sad to hear this happen to the player.

 

Two things I was thinking after hearing the full story:

 

1. Are the club insured to cover such events and ensure the player is paid whilst off work/compensation?

 

2. If the events are like I've been told I would take legal action against the player in question. Sting him for a few thousand and that will stop the little s**t doing it again.

[Hookey]

Sad to hear this happen to the player.

 

Two things I was thinking after hearing the full story:

 

1. Are the club insured to cover such events and ensure the player is paid whilst off work/compensation?

 

2. If the events are like I've been told I would take legal action against the player in question. Sting him for a few thousand and that will stop the little s**t doing it again.

 

 

Great shout Jenks!!!

[FCFAN]

Speaking with my legal hat on it's not actually that easy to sue and win. In order to sue the player in question for damages (compensation) it's not enough to prove that he made a tackle that broke your leg. You have to prove that a) the tackling played had a duty of care to his opponent (very hard legal argument to win) and b ) that the tackling player was negilgent in relation to that duty of care (possibly slightly easier as most who saw it agree that it was reckless but courts generally take a pretty hardline view on this in relation to football injuries).

 

That's the reason that so few of these cases (even in the pro game where players can afford the very best lawyers and barristers) ever end up in court.

Edited September 8, 2010 by FCFAN

[Jenko]

FCFan could you not sue for assault? It would be hard to prove intent however you could prove negligence with witnesses.

 

The Dean Saunders/Paul Elliot case failed because they couldn't prove intent wasn't it? It was a bad tackle but not the worse I have seen.

 

I'm sure there was a case in the last few years where a nonleague player successfully sued another player. Am I right FCfan? Also I'm sure the same happened to a league player but it might have been in a European league.

Edited September 8, 2010 by Jenko

[FCFAN]

Assault is a criminal offence not a civil offence though. You can't bring a civil case for assault against another person you would need the police and CPS to pursue the matter, and they wouldn't touch a football tackle. Should a criminal action be successful then you could pursue a civil case of "trespass against the person" however, to do so and be successful without a criminal conviction against the higher burden of "beyond reasonable doubt" you would be very unlikely to be successful in a free standing civil case.

 

The Saunders v Elliot case failed because Saunders was held not have been negligent. It was a bad tackle, but he was not deemed negligent. See the problem comes back to the duty of care point. You can't argue that by making a tackle the player is failing in his duty of care, as tackling is part of a the game and a considered risk that the claimant takes in participating. Therefore, because a certain degree of tackling is expected to prove that one tackle in particular (however bad) was negilgent to the point of dereliction of the duty of care is very, very difficult.

 

There have, as you rightly point out, been cases where this has been done, the famous non league case is Condon v Basi, where the Court of Appeal held that Mr Basi was negligent and therefore liable in tort. And it was specifically noted by the CoA in that case that the tackle had no malicious intent, however, that doesn't prevent you being liable if negligence is proven.

 

The problem is that most lawyers would advise clients not to pursue these cases, as the number of unsuccessful ones far outweigh the succesful ones and the legal costs involved would be such that to bring a case and lose would be likely to be a very serious financial burden to the claimant.

Edited September 8, 2010 by FCFAN

[Jenko]

Thanks for that mate, very informative.

 

I would assume, with enough witnesses that you could prove a case but obviously not. Would make people think though if more cases were successful.

[coupwotcoup]

Can I sue you Jenks? You have always assaulted my senses...

[Jenko]

Too many big words for ya Coups???

[Press Off]

Tuesday’s match versus Eton Manor raised £570 for Matt West with more to come.This consisted of donations at the gate (admission was by donation ) and by fellow players ,club officers and spectators ,programme sales and other fund raising . Should anyone wish to contribute to the fund please contact secretary John Faherty via our website.

[Allan Fenn]

Tuesday’s match versus Eton Manor raised £570 for Matt West with more to come.This consisted of donations at the gate (admission was by donation ) and by fellow players ,club officers and spectators ,programme sales and other fund raising . Should anyone wish to contribute to the fund please contact secretary John Faherty via our website.

 

 

Great effort by everyone. Westy will be pleased everyone has made a big effort for him.

[FLIP FLOP]

Tuesday’s match versus Eton Manor raised £570 for Matt West with more to come.This consisted of donations at the gate (admission was by donation ) and by fellow players ,club officers and spectators ,programme sales and other fund raising . Should anyone wish to contribute to the fund please contact secretary John Faherty via our website.

 

 

Great effort by everyone. Westy will be pleased everyone has made a big effort for him.

 

Matty has asked me to pass on the following by means of this forum and the Barking FC forum:

I've been playing in the essex senior and Rymans league since I was 16 years old and played in many great teams and won many honours unlike the player in question.Im known as a honest ,hardworking, hard tackling midfielder, that doesnt hold grudges. What has happened to me will and has changed my life forever in football at at work and i cant condone what has happened and how it happened. I see it as a gutless act from a below average sunday league player and as for all these apologies i keep hearing from people, where the player in question has emailed,texted and even wrote in a local paper to apologise, not one apology has been sent to me in person, again another gutless act. I honestly know what i would do as would many other players would do in this situation which would be stand up and be a man.Im bed bound now for another 10 days and the pain has been unbelievable , and i can now understand the pain players have felt when this has happened to them. Im back to the hospital on the 17th of september for some more xrays hoping the steel rod, the pins and plates postioned in my leg are all correct and i can then start a recovery.

I would also like to use this opportunity to thank everyone for there support, help and kind words, it has been overwhelming and i thank you all. MANY THANKS MATT WEST