Herbert Kingaby

Herbert Charles Lawrence Kingaby (1880-1934)^[1] was an English footballer, an outside right ^[2] for Leyton (Clapton Orient), Aston Villa, Fulham and Peterborough City.

He played part time for Clapton Orient, in the Southern League before being sold to Aston Villa for £300 (2012: £27,000) in March 1906. At the time the fee was undisclosed even to the player.^[2] Villa signed Kingaby for the football maximum wage of £4 a week but after two months were unimpressed with his ability. Villa was not willing to lose the £300 by allowing a free transfer. They offered to sell Herbert back at half price but neither Clapton, nor any other club were interested. Kingaby's wage was stopped but he was placed on Villa's retained players' list effectively preventing him earning a living in the English League, so he joined Fulham back in the Southern League.^[3]

He rejoined Leyton (Clapton Orient) at the start of the 1910-11 season. That year the Football League and the Southern League agreed mutual recognition of each other's retain-and-transfer system. Villa now disclosed that Kingaby was still on their retained players' list and demanded £350. This prevented a move to Croydon Common but he eventually joined Peterborough City.^[2]

Kingaby case

In March 1912, Charles Sutcliffe helped establish the legality of the league transfer system when he was successfully retained by the club Aston Villa during the Kingaby case before Justice A.T. Lawrence.^[4]

Kingaby had brought legal proceedings against Villa for preventing him from playing. The Players' Union funded his legal costs but an erroneous strategy by Kingaby's counsel resulted in the suit being dismissed.^[3] The Union were almost ruined financially and membership fell drastically.

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