Goodwillie ordered to set £100,000 aside in damage action claim
A footballer has been told to set aside £100,000 ahead of a damages action hearing brought by a woman who claims she was raped by him.
A footballer has been told to set aside £100,000 ahead of a damages action hearing brought by a woman who claims she was raped by him.
Judge Lord Woolman today agreed to recall a previous legal measure granted against David Goodwillie on condition that the money is held on account or failing that consigned to court.
The former Dundee United, Blackburn Rovers and Aberdeen striker currently has his home in Scotland up for sale and is presently with Plymouth Argyle.
A 30-year-old woman has raised a £500,000 claim against Goodwillie and another player David Robertson alleging that they raped her in the early hours of January 2 in 2011. Both men deny the allegation.
A judge at the Court of Session in Edinburgh was told that lawyers acting for the woman now value her claim at approximately £250,000.
Barry Divers, counsel for the woman, argued that if the property was sold without an inhibition in place there was a real possibility that assets would be removed from the jurisdiction.
But lawyers acting for Goodwillie (27) said that although he was seeking to dispose of the Scottish property that did not give rise to a real and substantial risk to her claim being prejudiced if she succeeded.
Jonathan Nisbet, for Goodwillie, argued it would be appropriate for a warrant for arrestment and inhibition previously granted to be recalled and maintained that "a substantial defence" had been put forward to the woman's claim.
In the action the woman said she had gone out to a bar in Bathgate, in West Lothian, and was introduced to the players before she later went to a club with a friend.
She maintains she was "visibly and obviously severely intoxicated" when she left and was offered a lift home in a taxi hailed by the footballers, but they asked the driver to drop all three of them at a flat in nearby Armadale where she claims she was raped.
She contends that she later came round naked and alone and could not remember what had happened since being in the pub the previous evening.
It is said: "At the time when sexual intercourse took place with each defender, the pursuer was incapable because of the effect of alcohol of giving free agreement."
It is also claimed that neither of the men had "a reasonable belief" that she was consenting to intercourse.
Goodwillie accepts that he had sex with the woman but maintains that it was consensual. Robertson also said he had sex with the woman but also maintains it was consensual. Both deny the woman was incapable.
Police were called in and the case was reported to Crown Office but Goodwillie was later advised that he would not be prosecuted for any offence.
The woman claims that as a result of being raped she suffered symptoms of depression, panic disorder, anxiety and eating disorder. She maintains she was unable to continue with her then employment.
Robertson was not represented at today's hearing.