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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We are a Football Club in England run by volunteers and are

Resolved Question:

We are a Football Club in England run by volunteers and are a non corporate entity, we have had a claim against the club from 3 years ago, we had people from YMCA on a Government back to work scheme and one fell off a ladder whilst on the second rung and sprained his ankle. The club did not have any Employers Liability Insurance as their thinking was we did not employ anyone. The person involved has went for a no win no fee claim against us. We have been served papers for a claim not exceeding £5000 plus costs. we are in no position as a club to pay such monies and have no assets to speak of as our ground is rented. In the chance that a judgement went against the club and the club were in no position to pay which we most certainly aren't is it true that they could go after any person who was on the committee at that time to reclaim any judgement.
We hope you can give us your expert opinion on the above.
Many thanks in advance.
Alan Gordon
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
The club is not an incorporated association and it does not have any separate legal status in the way a limited company or an incorporated association would have.
As such the members of the club would normally be personally liable for any claim but they would need to be named as defendants rather than the club.
The members of the club should also consider taking out public liability insurance to protect themselves against any future claims such as this one.
If the claim currently made names the club as the defendant, an application should be made to strike it out as the club is not a legal entity and therefore cannot be sued in its own name.
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