Rugby players seek new legal representation in brain injury cases
Legal Action Against Governing Bodies
Hundreds of former rugby players involved in legal action against the sport’s governing bodies are facing significant challenges, with their barrister, Susan Rodway KC, stating they are “staring into the precipice.” The cases, which involve both rugby league and rugby union players, concern claims of brain injuries.
The players allege that authorities failed to implement adequate safeguards to protect them from the effects of repeated head impacts. The governing bodies, including World Rugby, the Welsh Rugby Union (WRU), the Rugby Football Union (RFU), and the Rugby Football League (RFL), deny breaching any duty of care.
The legal proceedings have been complicated by issues surrounding the disclosure of medical documents. Lawyers for the governing bodies have argued that hundreds of claims should be dismissed due to non-compliance with a 2024 court order regarding the neurological testing process.
Michael Kent KC, representing World Rugby, the Welsh Rugby Union, and the Rugby Football Union, described the dismissal of claims as a “measure of last resort” but noted that compliance had not been achieved. William Audland KC, representing the rugby league bodies, characterised the non-compliance as “systemic and without good reason.”
Conversely, Rodway, representing the players, argued that the breaches were “neither serious nor significant” given the complexity and volume of documentation involved in the litigation. She described throwing out the claims as an “extreme response,” highlighting the significant public interest and societal importance of the litigation for contact sports in the UK.
Change in Legal Representation
Richard Boardman, the solicitor who had been leading the litigation for the claimants through Rylands Garth, has formally requested to step down. This development follows criticism from the managing judge, Senior Master Cook, regarding his handling of the case.
The players issued a statement confirming their decision to “terminate the instruction of Rylands Garth” and initiate the process of appointing new solicitors. They expressed gratitude to Rylands Garth and Richard Boardman but concluded that appointing a firm with greater resources and specialist expertise was in the best interests of the claimants for the next phase of litigation.
Leigh Day, a firm that has been consulting on the case since February, is now understood to be considering taking over. A spokesperson for Leigh Day stated that the firm is reviewing its position and has not yet had the opportunity to properly assess whether they can formally represent the claimants.
Senior Master Cook described the change in legal representation as a “dramatic change.” He previously expressed frustration with the pace of the litigation, stating he had been “at a loss to understand” Boardman’s position and accusing him of providing “misleading evidence in court.”
The judge noted that there had been “widespread non-compliance and late compliance” with court orders. He emphasised the importance of integrity in the legal process, stating that the defendants’ requests for compliance were not merely to be difficult but to ensure a reliable process.
Rodway argued that the change of solicitors demonstrates the players’ commitment to altering the process and taking matters into their own hands. She highlighted that Leigh Day previously secured a victory against British Gymnastics in a case involving abuse allegations.
Among the high-profile former players involved in the case are England Rugby World Cup winners Steve Thompson, Mark Regan, and Phil Vickery, as well as former Wales internationals Colin Charvis, Gavin Henson, Ryan Jones, Lee Byrne, and Alix Popham. Popham stated that the switch in representatives was necessary due to the “scale and complexity” of the case, hoping it would provide momentum to move the proceedings forward efficiently.
The legal clashes over sharing medical information have been ongoing since the action commenced in 2020. The case remains in the pre-trial phase.
Implications for the Litigation
The potential for claims to be struck out looms over the proceedings. If the strikes proceed, hundreds of claimants could be removed from the legal action. Rodway appealed for relief from the strikeouts, stressing that the issues, though generic, impact individuals who have suffered life-changing injuries and immense stress.
She underscored the severity of the claims, stating they are not for minor issues but for catastrophic brain injuries, with each player potentially claiming hundreds of thousands, if not millions, of pounds. She also noted that some individuals involved have taken their own lives.
The defendants had initially requested to conduct their own medical testing on the claimants. However, the court deemed this approach “complex, expensive, and unnecessary,” instead obliging the claimants to disclose all medical records in their control to the defendants.
Despite this, little progress has been made in selecting lead claimants, as the defendants contend that Rylands Garth repeatedly failed to provide all necessary documents. The judge concurred with this assessment, expressing his difficulty in understanding the firm’s position.
The claimants believe that the change of solicitor will demonstrate their seriousness regarding the criticisms and establish a new regime that will instill confidence in both the court and the defendants. Boardman reportedly intends to remain involved in the case as co-counsel.
The legal action continues, with the next steps for the hundreds of claimants uncertain following these recent developments.
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Source: theguardian.com
