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A top Premier League surgeon who fixed harry kaneA reputable Mayfair “gentleman car dealer” is suing him for £78,000 after hamstring theft Bentley,
Fares Haddad, a world-renowned orthopedic surgeon specializing in sports medicine, is suing Jack Barclay Ltd – the UK’s oldest Bentley dealership – over claims that it negligently failed to ensure that the vehicle’s location was monitored by a registered dealer. electronic tracker If it was stolen.
after mr haddad Bentley Continental GTW12 Taken from his drive in January 2023, the surgeon tried to make a claim on his insurance, but was turned away by his insurers, who refused to pay because his Bentley was not fitted with a properly activated tracker.
Mr Haddad, 58, now says he assumed Jack Barclay’s staff would set up a perpetual tracker subscription for him VODAFONEFollowing a conversation and exchange of emails with a showroom executive in 2019, when he was considering buying a Bentley.
He is now claiming a total of £78,643 from Jack Barclay Ltd – trading as Jack Barclay Bentley – as he sued the firm for the return of money paid under his HP agreement, which his insurers refused to cover after the theft.
But the dealership – which is famous for its iconic vintage Mayfair showroom and its reputation as a “gentleman car dealer” – is denying negligence, liability and “foreseeability of loss”.
The dealer refused to undertake to activate the Bentley’s tracker, insisting that Mr Haddad alone was responsible for doing so.
Mr Haddad is Clinical Director of the Institute for Sport, Exercise and Health, and has special expertise in hip joint, knee reconstruction and major ligament injuries.
It was Mr Haddad who saved then-Tottenham forward Harry Kane’s spell in the latter stages of the 2019-20 season after the England captain suffered a hamstring injury.
Kane underwent surgery for a ruptured tendon, but returned to training by May 2020 and competing notably in the latter half of the extended COVID Premier League season.
A year before that, in 2019, Mr Haddad had bought his Bentley Continental from Jack Barclay in exchange for his former car, an Aston Martin, on the basis of a hire-purchase credit agreement, the court heard.
The then brand new model of the GTW12 had a six-litre engine and eight-speed gearbox as well as a top speed of 207 mph, and was priced at up to £200,000.
The car was stolen in 2023, and Mr. Haddad filed an insurance claim, but it was rejected because the tracker was not operational, as per the terms of his policy. He is now suing Jack Barclay Ltd for £78,643 in Central London County Court.
The surgeon’s barrister, Bradley Say, told Judge Andrew Holmes that when Mr Haddad bought his Bentley he was assured that “there is a tracker standard on the car and I will install it for you…”.
“Mr Haddad specifically asked about the tracker when he picked up the vehicle, as he had previous problems with the tracker on his Aston Martin,” Mr Say explained.
But although the car was sold with a tracker that was “live” for the first year of use, the subscription was never registered or renewed, so by the time the car was stolen in 2023, the tracker was inactive, the court heard.
Later inquiries revealed that the tracker had been fitted and commissioned by a Jack Barclay engineer, but was not registered because customer details were not provided to establish a subscription.
Speaking from the witness box, Mr Haddad said he had never received a contract from Vodafone to set up a subscription to the tracker, but he had understood that everything would be arranged by Jack Barclay.
He said, “I assumed they were setting it up for me and it would activate and work, and if I needed to do anything I would be told what to do.”
His barrister added: “Mr Haddad says that if the tracker had been activated, and if he had received a reminder from Vodafone to renew, as he would have if the subscription was activated, he would have renewed the tracker subscription in the same way as he would have done with his motor insurance.
“Although they knew the tracker subscription would have to be renewed after the initial 12 months, they assumed this would be done automatically via direct debit, like payments under their HP agreements.”
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Defense barrister Sajid Suleiman refuted the notion that any promise had been made by Jack Barclay’s staff to activate the tracker, also arguing that the responsibility for activating the device was on “Mr Haddad”, who was solely at fault for failing to renew his subscription after the initial 12 months of ownership.
And he argued: “There was no contractual obligation on Jack Barclay Ltd to activate the subscription; there is insufficient evidence, even on the balance of probabilities, that the defendant promised to activate the subscription, and therefore no collateral contract/warranty exists.”
“Even if Jack Barclay Limited activated the subscription in 2019, it would have expired after 12 months and well before the vehicle was stolen in 2023.
“Mr. Haddad had an obligation under his insurance and HP agreement to ensure that the subscription was activated. He failed in his contractual obligations, and that is the reason for his loss.”
After a brief hearing, the judge reserved his decision in the case.