Sunderland prepare for £13million High Court battle with former club doctor over Ricky Alvarez saga

They have made complaints about Dr Rehman’s “conduct and oversight” of a “transfer medical examination” of former player Ricardo Alvarez more than five years ago.

Dr Rehman is fighting the League One football club’s claim.

A judge has considered a number of pre-trial issues.

The judge, Master Lisa Sullivan, who is based at the High Court in London, oversaw a remote initial preliminary hearing on Tuesday.

Barrister Oliver Caplin, who represented the club, told Master Sullivan that Dr Rehman was Sunderland’s former head of medicine.

Mr Caplin said the club claimed that it had suffered losses arising from Dr Rehman’s “alleged negligence in the conduct and oversight of a transfer medical examination” of Alvarez.

The Argentine midfielder, now 32, joined Sunderland in 2014 on loan from Inter Milan, when the club was in the Premier League.

Barrister Richard Smith, who represented Dr Rehman, said allegations were disputed.

Lawyers say they expect a trial to be staged in London in late 2021.

“The defendant failed to bring to the claimant’s attention that the player’s right knee was at high risk of later failure,” Mr Caplin explained in a written case summary.

“Had he done so, the claimant would never have signed the player at all, or have entered a clause into the player’s loan and transfer agreement from Inter Milan which would have afford(ed) it the option not to permanently sign the player should his right knee have manifested problems during the 2014/2015 Premier League season.”

Mr Caplin added: “In the event, the player’s right knee did manifest problems during the season which resulted ultimately in his inability to continue to play football for the claimant.

“The claimant refused to sign the player from Inter Milan and terminated the loan and transfer agreement, along with the player’s employment contract.

“Because the defendant had negligently failed to draw the player’s right knee to the claimant’s attention, no carve out clause in respect of it had been inserted into the loan and transfer agreement.

“Inter Milan successfully sued the claimant for the player’s purchase price (some 10.5 million euros), together with interest and costs.

“The player also sued the claimant for allegedly wrongfully terminating his employment contract early, and obtained an award for some £4.2 million, plus interest and costs.

“The player has appealed this latter award, seeking to increase the amount he was awarded. A decision is awaited from the Court of Arbitration for Sport.”

The judge was told that Dr Rehman aimed to bring a counterclaim relating to insurance.

Dr Rehman argued that Sunderland had assumed responsibility for his “professional indemnity needs”, the judge was told.

Bosses at Sunderland dispute that counterclaim.

Dr Rehman has sued David Binningsley and Dr David Gough, who were members of the club’s sports medicine staff at the time of the Alvarez examination, the judge was told.

His lawyers said if he was “found liable” he would seek an “indemnity or contribution” from Mr Binningsley and/or Dr Gough, who “actually carried out the pre-signing medical assessment”.

Lawyers indicated that both were disputing the claim.

Mr Smith told the judge, in a written case outline, how Sunderland claimed that Dr Rehman had been negligent in “the conduct” of a “pre-signing medical assessment”.

“It is said that the defendant’s failure properly to advise the claimant has resulted in losses in excess of £13 million,” Mr Smith told the judge.

“The defendant denies liability.”

He said the assessment was “actually carried out” by other staff when Dr Rehman was at an away game.

- This article has been updated to correct an inaccuracy that appeared in an earlier version and to clarify that Sunderland AFC has not taken legal action against David Binningsley or Dr David Gough.