Barrow FA Trophy Victory Raises Interesting Legal Issues
Michael Forrester (Solicitor)
The FA Trophy Cup final victory of Barrow FC over Stevenage Borough at Wembley on 8 May 2010 raises some interesting legal issues.
Barrow were victorious with an extra time 2-1 win over the holders, but a furore has erupted over the challenge by Barrow’s Robin Hulbert on Charlie Griffin.
As reported in numerous media outlets, Stevenage Manor Graham Westley commented “I don’t think there’s any place for GBH in football”. Westley’s comments raised two interesting legal issues, notes Ralli Solicitor Michael Forrester who was present at Wembley, his great-grandfather having played for the North West club and his grandfather being their official Solicitor for many years.
“Firstly, it is unlikely any Court would find that actions in a football match such as raising an elbow innocently when going for a header amount to GBH or any other criminal offence in the context of a physical sport. To be proven, the prosecution would need to show beyond a reasonable doubt that the player intended to cause or was reckless to causing injury in the context of a football match.
Secondly, the comments made after the match by the Stevenage Manager highlight the need for Managers and Players to carefully consider what is released to the media. If comments are likely to lower the standing of the person commented about to the ordinary person and are not covered by any legal defence, the commentator could face legal action. Even in emotionally charged situations, manager, players and the media alike must consider what is said and reported in the press to avoid difficulties later.”
Tags: fa trophy final, michael forrester, Robin Hulbert, Stevenage Borough
Crime & Fraud, Personal Injury | Ralli | 
May 10, 2010 2:38 pm
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By Kenneth Clarke, May 16, 2010 @ 1:10 pm
“reckless to causing injury” might be the appropriate description. Interestingly the same player’s elbow is alleged to have broken the nose of another Barrow player, Bostwick.The response of Barrow FC (“alleged elbow”) is at most disappointing. Sadly,the general attitude of clubs, players and authorities, is to both condone what might be interpreted as criminal acts outide a football pitch, and retain the perpetrators in a sport that is better off without them
By M Mather, June 2, 2010 @ 8:24 am
I understand Mr Clarke’s opening. Reading Robin Hulbert’s blog, May 10,gives an interesting view of the incident.
I am a supporter of neither Barrow nor Stevenage, but enjoy watching football. I find any sort of support for the challenge on Griffin abhorrent.