Rugby brain injury case in crisis as lead solicitor steps aside

Hundreds of rugby brain injury claims could be thrown out over alleged failures to disclose documents linked to neurological testing.

Former rugby union and rugby league players claim the sport’s authorities failed to put safeguards in place to protect them from the effects of repeated head impacts.

World Rugby, the Welsh Rugby Union, Rugby Football Union and Rugby Football League deny breaching their duty of care to protect the players from injury.

Lawyers for the governing bodies argued that documents surrounding the neurological testing process had not been disclosed, which they said breached a 2024 court order.

At a hearing on Wednesday, they said the failure to comply should lead to the dismissal of 132 claims against the rugby league bodies and 378 claims against the rugby union bodies.

Michael Kent KC, representing World Rugby, the Welsh Rugby Union and Rugby Football Union, said in written submissions that having the claims thrown out was “clearly a measure of last resort”, but that “compliance has still not been achieved”.

William Audland KC, representing the rugby league bodies, said in written submissions that non-compliance with court orders was “systemic and without good reason”.

He said the claims should be dismissed.

Susan Rodway KC, representing the former players, said in written submissions that the breaches were “neither serious nor significant” given the “context of this complex and documentarily voluminous litigation”.

She said throwing out the claims would be an “extreme response”.

“This litigation is of significant public interest and societal importance for the continuance of contact/collision sports in the UK.

“It would be highly undesirable for a significant number of the former players to lose their claims on procedural grounds.”

The legal action began in 2020 and has since involved disputes over the sharing of former players’ medical information.

In a further development, Richard Boardman, who has represented the claimants through Rylands Garth, informed the court that he intends to stop acting for the former players.

Senior Master Jeremy David Cook asked what effect the change of solicitors was likely to have on the proceedings.

“What impact is that likely to have?” he said.

“I have been frustrated from day one at the progress of this litigation. I expect that the pace is picked up.”

The judge described the litigants as “passengers” in the lengthy legal process.

England Rugby World Cup winners Steve Thompson, Mark Regan and Phil Vickery are among the former players involved in the action.

Former Wales internationals Colin Charvis, Gavin Henson, Ryan Jones, Lee Byrne and Alix Popham are also among the claimants.

In a statement released after Wednesday’s hearing, Popham said the claimants thanked Rylands Garth for its work but believed the change in representatives was necessary because of the case’s “scale and complexity”.

“We believe this represents a positive step in progressing the litigation.

“We hope it will help provide the momentum required to move the proceedings forward as efficiently as possible and address some of the factors that have contributed to the pace of the litigation to date.”

The case continues.