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Footballer's Claim Allowed to Proceed to Trial

Former Sheffield United footballer Ben Doane has been given the go ahead in his claim for damages against MK Dons Limited and former Wimbledon FC player Darren Holloway. On the 7th April 2003 Mr Doane was playing for Sheffield United in a Division 1 match away at Wimbledon when he suffered a career ending injury in a tackle by Holloway.   However, the transfer of the assets of Wimbledon FC Ltd to MK Dons Ltd raised two matters which were tried by HH Judge Robinson as preliminary issues. The issues were (a) whether Mr Holloway’s employment with Wimbeldon transferred to MK Dons Ltd and, if so, when; (b) if the employment did transfer to MK Dons, whether that included transfer of any tortious or vicarious liability for Mr Holloway. HH Judge Robinson handed down judgment in December 2007 and found that Mr Holloway’s employment did transfer and that the transfer included the tortuous and vicarious liability for the acts of Mr Holloway. The court has given directions for a trial to be heard in September 2008. Mr Doane was represented by Joseph O’Brien of Paradise Chambers, Sheffield.

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