Landmark ruling makes sports clubs responsible for injuries caused by violence on the pitch

The decision means village and community teams will see costs rocket to guard against the prospect of massive payouts for serious injuries resulting from deliberate acts of violence.

The ruling came almost three years after semi-professional rugby player Andrew Gravil was left with a broken eye socket after being punched by opponent Richard Carroll in a skirmish after a scrum.

Legal action: Prop Andrew Gravil (right) sued forward Richard Carroll(left) after a violent attack. Gravil is now suing Caroll's club, Cornish team Redruth

Mr Gravil, 26, sued Mr Carroll and his club, the Cornish side Redruth, claiming they had encouraged aggressive play through a results-based bonus system.

He was awarded  £8,500 in compensation from his attacker but a trial judge ruled the National League Division 2 side were not responsible for their player's actions, a decision upheld by a High Court judge last June.

But in the first case of its kind in the UK, the Court of Appeal yesterday ruled it was 'fair and just' to hold clubs liable.

The test case focused on a match at Halifax in October 2005 between the West Yorkshire club and Redruth.

It's implications stretch far beyond the rugby field - with professional or semi-professional clubs in other disciplines such as football now also aware they can be held responsible for injuries caused by players when tempers flare.

One sports insurance expert told the Daily Mail most clubs would struggle to find an insurer willing to cover them for injuries caused by what amounted to a 'deliberate assault'.

Last night, Redruth club secretary Roger Watson warned the judges' decision meant 'huge ramifications' for professional sport.

Mr Watson said: 'Fortunately, we are covered by our insurance policy so we will not lose out financially as a result of this.

'But if clubs are going to be found to have a responsibility for the actions of their players then it is something regulatory bodies like the Rugby Football Union(RFU) will have to address.'

He said that at the time of the incident, clubs were left to arrange their own public liability insurance and cover against death and permanent disability relating to their players.

Ugly: Lee Bowyer and Kieron Dyer come to blows during their footballing days at Newcastle United

Insurance cover is now taken out by the RFU, which negotiates 'block' cover for all clubs, passing the cost of the premiums on to them.

Mr Watson said that the ruling 'can only mean we will face rising premiums in the future.'

Lower courts had previously ruled that the club, which has an average crowd of 900 -  was not liable for the action of second row player Mr Carroll when he punched Mr Gravil, a prop forward, after the whistle had gone.

Although Carroll had not disputed the claim and had been held liable, he had failed to pay the £8,500 damages award, the Court of Appeal heard.

Redruth must now pay the damages, which have increased to £9,375 with interest included, along with around £100,000 in costs.

Mr Gravil, of Goole, North Humberside needed facial surgery to a fracture after the punch, and was out of the game for six months. He sued for pain, suffering and loss caused by the injury.

Mr Carroll, who now plays for a rival Cornish side, was given a yellow card and sin-binned for the attack, and later suspended for eight weeks by an RFU disciplinary panel. 

The appeal in London was heard by Master of the Rolls Sir Anthony Clarke - sitting with Lady Justice Smith and Lord Justice Richards.

The judges ruled Redruth was 'vicariously responsible for the injury' to Mr Gravil.

Sir Anthony said it was up to clubs to take action to deter players from playing dirty.

He added that the punch should not have been thrown, but 'it was an incident in the game and thus of the first defendant's  employment.'

The judgment applies only to professional, or semi-professional clubs, where a contract of employment is involved.

David Slade, chief executive of sports insurance broker Perkins Slade, said: 'This was a deliberate assault and, as such, would be outside the cover offered by most  public liability insurance policies.

'The ruling is significant because premiums will certainly have to increase to take account of the extra liability clubs are now saddled with - but many insurers will refuse cover for this type of incident because it amounts to an illegal act.'

Mr Slade said it would be comparable to a driver asking for car insurance to cover him in the event of an accident whilst at the wheel of a stolen car.

Last November, a French civil court ruled that former England hooker Phil Greening was responsible for injuries suffered by France international Aurelien Rougerie in a friendly match six years ago.

As his employers at the time, London Wasps agreed in April to pay the club around £30,000 in compensation.