Chelsea's Eden Hazard unlikely to give evidence at Eva Carneiro hearing, says top London barrister

Constructive dismissal claim: Carneiro has launched legal action against Chelsea
IAN KINGTON/AFP/Getty Images
Sam Long12 November 2015

Chelsea forward Eden Hazard is unlikely to give 'live oral evidence' at Eva Carneiro's employment tribunal, a leading London barrister has said today.

The doctor quit her role at Stamford Bridge in September after she was publicly criticised by Jose Mourinho for her handling of Hazard's injury during the Blues' 2-2 draw against Swansea City on August 8.

The 42-year-old has subsequently launched a constructive dismissal claim against Chelsea, plus an individual claim against Mourinho.

According to reports today Hazard could be required to attend a tribunal when Carneiro's claim is heard next year but the Belgium international's involvement may yet prove to be a 'non point'.

"A person who may be able to give relevant evidence can be ordered to attend a tribunal to give evidence," said London-based barrister PJ Kirby QC of Hardwicke Chambers, who is an expert in litigation, commercial dispute resolution and professional negligence.

"And on the face of it Hazard can give relevant evidence but bearing in mind the facts of the case Dr Carneiro wouldn't have been able to go onto the field of play unless she was given the permission of the referee [Michael Oliver].

Ian Kington/AFP/Getty Images

"The referee wouldn't have given that permission unless he thought that Hazard was injured and needed treatment - he would have either formed that view through his own observation or because of what Hazard had said to him.

"In one sense it may be - and I've no idea - a bit of a non point. It may be in due course that it will be accepted that there had been a request by Hazard to the referee that he needed medical treatment.

"If that became an admitted fact it would then be difficult to see why there was any need for him to be called to given live oral evidence."

Kirby expects Carneiro's claim to be settled out of court and believes Hazard will not be called upon as long as the two parties can ascertain the set of facts that led to the referee's decision.

But Chelsea do have an option to object to any request to involve the forward in proceedings.

"I don't suspect they'll [Chelsea] be happy [with Hazard's potential involvement] but presuming any hearing comes around, assuming it didn't settle - which I think is highly likely - by the time of any hearing it may be that some agreement may have been reached as to what the referee had indicated and the circumstances in which the indication was given.

"The parties may be able to agree certain facts that would therefore mean that Hazard doesn't have to give evidence.

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"It may be that even if Dr Carneiro wants him [Hazard] to still give evidence that Chelsea could object to the witness order on the basis that there is no issue now because it was agreed that he had requested her to come on."

But Hazard, who had to leave the pitch after he was treated, could still be ordered to attend the tribunal even if he was reluctant to do so.

"He's not obliged to provide a witness statement but he can be obliged to attend if the other side obtain a witness order for the tribunal - that requires someone to attend.

"If you have someone who is reluctant to take part in proceedings orders can be made that they attend to give that evidence.

"There is always a danger of course in requiring someone to give evidence who is reluctant to be a witness because you don't know precisely what they're going to say.

"Normally with a witness, you have a witness statement and you know what they're going to say - or you think you do."

A Chelsea club spokesman previously said: "We do not comment on internal staffing matters."

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