In 1912 Charles Sutcliffe helped establish the legality of this retain-and-transfer system when he successfully represented his club Aston Villa during the Kingaby case. The former Villa player Herbert Kingaby had brought legal proceedings against the club for preventing him from playing. However an erroneous strategy pursued by Kingaby's counsel resulted in the suit being dismissed. In England, the "retain" aspect of the system was removed after a decision by the High Court in 1963 in "Eastham v Newcastle United" that it was unreasonable.