Nearly six years after the Guardian first reported that former rugby union players were suing governing authorities over brain injuries, the landmark concussion case enters a crucial week. Hundreds of former amateur and professional players in both rugby union and league are bringing legal action, claiming their playing careers caused neurodegenerative conditions.
Two Cases, One Hearing
The two separate cases—one in rugby union and one in rugby league—are being heard together due to overlapping issues. Both remain in the pre-trial phase as legal teams attempt to agree on the size, shape, and structure of future trials. The process has been slowed by disputes over whether the claimants' legal team, Rylands Garth, has fully complied with an order to disclose all available medical documents to the defence.
Who Is in Court This Week?
Rylands Garth, with support from Leigh Day, represents the players. In rugby union, they are suing World Rugby, the Rugby Football Union (RFU), and the Welsh Rugby Union (WRU). In rugby league, they are suing the Rugby Football League (RFL). The firm represents 777 former union players and 317 former league players. The two sides are expected to select a small number of test cases to stand trial on behalf of the entire group.
Why Are They in Court?
The latest hearings aim to resolve procedural issues, most critically whether Rylands Garth has fully complied with a judge's order to disclose all medical documents. If the judge finds non-compliance, players with incomplete documentation could be struck out from the case, potentially removing hundreds of claimants. Rylands Garth insists it has complied and will seek relief against any adverse ruling.
Impact of Potential Strikeouts
If players are struck out due to missing documents, they would be removed from the trial group. The remaining claimants might find the credibility of Rylands Garth so undermined that continuing the action becomes impossible. This has caused distress among players, many of whom have been diagnosed with neurodegenerative conditions, depression, and anxiety, according to sources close to the case.
Why Has It Taken So Long?
The case is hugely complex, involving hundreds of players across two codes with various conditions and no ready legal template. Every detail must be argued in real time between combative legal teams. The defendants argue Rylands Garth is under-resourced and failed to provide necessary medical documents. Rylands Garth contends the defendants are imposing an impossible workload to prevent the case from going to trial. Senior Master Cook has urged collaboration, but progress remains slow.
