Middlesbrough FC launch legal action against Birmingham City and Garry Monk's coaching staff - Gazette Live
Birmingham City and Middlesbrough may potentially not be in the same division come next season but they are set for a court clash this summer.
Garry Monk’s current and former clubs are locked in a High Court dispute over his backroom team amid fears of player poaching.
Middlesbrough Football & Athletic Company (1986) Limited are suing Birmingham City Football Club PLC as well as former England international James Beattie, Sean Rush, Ryan Needs and Darryl Flahavan.
Before joining Birmingham, Beattie was employed by Boro as first team coach, Flahavan as goalkeeping coach, Rush as head of physical performance and Needs as head of physical performance analysis.
Promotion-chasing Boro fear that the quartet’s insider knowledge may give the relegation-fighting Blues a ‘competitive advantage’ over them.
Their knowledge of ‘confidential information’ includes transfer targets and strategy, player wages and weaknesses, Boro’s lawyers say.
Neil Bausor and Garry Monk on the day Monk was unveiled as Boro boss(Image: Peter Reimann)
Boro argue that a clause in the backroom team members’ contracts prevents them from working together, and alongside Monk, for their Championship rival until December 28 this year.
Monk was Middlesbrough manager from June until December last year when he was sacked because he ‘failed to deliver consistent results’, Boro’s barrister, Ian Mill QC, told London’s High Court.
The coaching quartet were placed on gardening leave after his departure, but resigned and joined Monk at the Blues when he took charge in March, he added.
The restrictions were included in their contracts to protect Boro’s players, staff and the club itself, he told Mr Justice Warby.
“There is a real risk that Middlesbrough will lose players to BCFC if it continues to employ each member of the backroom team at the same time as each other and/or Mr Monk,†he added.
“A number of Middlesbrough’s current players, including some of its young players, who are on comparatively low salaries, were recruited or favoured by different members of the backroom team and remain loyal to them.â€
Garry Monk & James Beattie(Image: CameraSport)
The quartet also have knowledge of the weaknesses of Boro players which could make it ‘more difficult for Middlesbrough to sell players during the transfer window’.
They also know about the players that Boro intend to sign and the types of players likely to be targeted, said Mr Mill.
“BCFC’s employment of the backroom team is therefore likely to give it ongoing competitive advantage over Middlesbrough,†he added.
Boro want an injunction stopping the quartet from working for Birmingham, and the Blues from employing them, until December 28, as well as damages.
Garry Monk and his Boro backroom team on the bench at Barnsley
With the transfer window opening from May 7 to August 9, and the new season starting that same month, the QC said there should be a full hearing of the dispute as soon as possible.
Without the injunction, ‘Middlesbrough will face irreparable harm that cannot be readily quantified or compensated’, said the QC.
“This matter is thus objectively urgent.â€
Lawyers for the backroom team and Birmingham City disputed the need for a speedy hearing of the case.
“There is no real, objectively viewed urgency that a speedy trial should be listed,†said the West Midlands club’s barrister, John Mehrzad.
Darryl Flahavan(Image: CameraSport)
Adam Solomon QC, for the backroom staff, agreed that ‘there is no urgency’.
There is an ‘inherent unlikelihood’ of Middlesbrough obtaining the injunction its seeks, argued the QC.
Mr Solomon claimed that was because the contract restrictions are unenforceable, due to being ‘woefully wide and unreasonable’.
But, noting that the restrictions end on December 28, Mr Justice Warby concluded it was a case of ‘real urgency’.
“This is a case in which the answer should be arrived at swiftly following a trial in the next eight weeks,†the judge said.
Garry Monk joined Birmingham in March(Image: Birmingham Mail)
He ordered that a trial - lasting ‘at most four days’ - should take place between June 22 and July 5.
While the hearing will come too late for the start of the transfer window on May 7, it does not shut until August 9.
And the judge observed: ‘Much of the business is done towards the end of the window’.
