Judge criticises solicitor in rugby brain injury case

A judge has criticised a solicitor representing more than 1,000 former rugby players for failing to disclose medical records to the sport’s governing bodies.

The cases involve claims from former players who say they suffered brain injuries, including chronic traumatic encephalopathy (CTE)—a progressive brain condition linked to repeated head impacts—while playing rugby.

Senior master Jeremy Cook said Richard Boardman of Rylands Garth had been under a “misapprehension” about his responsibilities and “seems to have a problem with the English language”.

The high court was told that the defendants—World Rugby, the Rugby Football Union, the Welsh Rugby Union and Rugby Football League—had found “significant gaps” in medical records in 90 per cent of claims.

Cook ruled there had been “serious and widespread failures to comply” with court orders, particularly in the rugby league case.

He ordered the claimants, who are supported by a commercial litigation funder, to pay costs related to the disclosure issues.

Cook said: “These claims mean a lot to the claimants, and the difficulties here have been caused by Mr Boardman’s complete misunderstanding of his responsibilities.”

The judge added that Boardman appeared to believe “he only had to disclose documents relied on” rather than providing all relevant material to the defendants.

“There has been no admission, and no apology,” Cook continued, “and above and before everything else a complete failure on the part of Mr Boardman to recognise that all this was caused by his misreading.”

Despite upholding the complaints, Cook decided not to strike out any claims, believing the problems could be remedied.

Susan Rodway KC, instructed by Rylands Garth, said the defendants had sent claimants on “a four-month exercise in following leads down rabbit holes” in search of “some smoking gun” documents that do not exist.

She said the firm lacked the resources to provide full medical records for every player.

“There’s been enough delay,” Cook said. “These claimants need their cases resolving and the sooner the better.”

The court heard that of the 383 claimants who joined the action after this year’s cut-off date, only 91 have received a medical diagnosis.

Legal teams on both sides will now agree a group of lead claimants to go forward to trial, with case management hearings scheduled for spring 2026.

A World Rugby spokesperson said: “Almost five years after legal action began, the claimants’ lawyers have today conceded in court that many players in the case have not undergone thorough medical testing but instead what the judge called a ‘self-serving tick box exercise’ in order to sign up to this claim.

“They have no substantive medical diagnosis. The conduct of Rylands Garth meant the judge issued an order which could yet see many more players having their case struck out.

“There must now be serious doubts over whether players’ best interests are being served. This is a situation that surely benefits nobody.”

A Rylands Garth spokesperson responded: “We will continue fighting for justice for our players and their families – who continue to suffer every day with the life-altering impacts of the negligence of rugby authorities.

“Rugby authorities are fully aware that the testing has been extremely thorough, including brain imaging and neurological assessments.

“If they’re suggesting otherwise, they are again letting down players who have suffered playing the sport.”