Championship: Middlesbrough launch legal action against Garry Monk and Birmingham

Middlesbrough are suing their former manager Garry Monk and his new club Birmingham City after they employed the same backroom staff at St Andrew’s as he had during his time on Teesside.

In what appears to be a legal first in football, Middlesbrough are claiming that Birmingham have been given a competitive advantage because of the inside knowledge they have gained about their own football operation by employing Monk and his coaching staff. They are seeking damages and the removal of the entire Birmingham backroom team until the end of the year.

Monk was sacked by Boro in December after less than six months in charge as the club had failed to mount the sort of challenge for automatic promotion owner Steve Gibson had envisaged after relegation from the Premier League.

The former Swansea City and Leeds United boss returned to management with Birmingham in March and is on course to lead the Midlands club away from relegation to League One.

Monk was joined at St Andrew’s by former England international James Beattie, Sean Rush, Ryan Needs and Darryl Flahavan. 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.

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They were placed on gardening leave when Monk was sacked but quit in March in order to link up with him again at Birmingham.

According to lawyers representing Middlesbrough, there was a clause in the backroom team members’ contracts preventing them from working together, and alongside Monk, for their Championship rival until December 28 this year.

The two teams could still be playing in different divisions next season as Middlesbrough, under new manager Tony Pulis, are in the play-off places in the Championship, but that has not prevented legal action being taken as they believe the quartet’s insider knowledge may give Birmingham a ‘competitive advantage’ over them.

Their knowledge of ‘confidential information’ includes transfer targets and strategy, player wages and weaknesses, Boro’s lawyers argued.

Representing Middlesbrough, Ian Mill QC, told London’s High Court restrictions were included in their contracts to protect Boro’s players, staff and the club itself.

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“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 said.

“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.”

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’ and are aware of the players that Boro intend to sign and the type of players they are looking for if they do not win promotion.

“BCFC’s employment of the backroom team is therefore likely to give it ongoing competitive advantage over Middlesbrough,” Mr Mill added.

Boro are seeking an injunction that would stop the quartet working for Birmingham until December 28, as well as damages.