Legal Action Against Governing Bodies
Hundreds of former rugby league and rugby union players involved in legal action against the sport’s governing bodies are facing significant challenges. The barrister representing the claimants, Susan Rodway KC, stated that the players are now “staring into the precipice.” This comes as the legal proceedings have been affected by issues related to compliance and disclosure of medical documents.
The players are pursuing claims against World Rugby, the Rugby Football Union, and the Welsh Rugby Union in one case, and the Rugby Football League and the British Amateur Rugby League Association in another. These cases, which are still in the pre-trial phase, have been ongoing for approximately two years, with disputes over whether the previous legal firm, Rylands Garth, fulfilled its disclosure obligations.
Change in Legal Representation
Richard Boardman, the solicitor who had been instrumental in organising the litigation, has formally requested to withdraw from the case. This decision follows criticism of his handling of the case by the managing judge, Senior Master Cook. The players issued a statement confirming their decision to “terminate the instruction of Rylands Garth” and announced that they are in the process of appointing new solicitors.
The statement from the players expressed gratitude to Rylands Garth and Richard Boardman, but noted that the decision was made in the “best interests of the claimants.” They aim to appoint a firm with the necessary resources and specialist expertise to guide the litigation through its next phase. This change is viewed by the claimants as a positive step towards progressing the legal proceedings.
Senior Master Cook described this development as a “dramatic change.” The firm Leigh Day, which has been consulting on the case since February, may now take over. However, a spokesperson for Leigh Day stated that the firm has not yet had the opportunity to fully consider whether they can officially represent the claimants and are currently reviewing the situation.
The claimants argue that the change in solicitors demonstrates their serious approach to the criticisms raised and indicates a new operational regime that the court and defendants can trust. Rodway emphasised that the change shows the players are “taking matters into their own hands.” Leigh Day recently secured a victory in a case against British Gymnastics concerning historical abuse allegations.
Challenges and Court Proceedings
The claimants are currently under threat of strikeouts, which could remove hundreds of individuals from the proceedings, due to Rylands Garth’s failure to comply with a court order to disclose all available medical documents to the defendants. Rodway appealed for relief from these strikeouts, highlighting that the issues, while generic, affect individuals who have suffered “life‑changing injuries” and immense stress.
Rodway stressed that these are not minor claims but involve “catastrophic brain injuries,” with each player potentially seeking hundreds of thousands, if not millions, of pounds. She also noted that some individuals involved have taken their own lives.
The defendants, including Michael Kent KC for World Rugby, Welsh Rugby, and the Rugby Football Union, and William Audland KC for the rugby league bodies, have argued that the claims should be dismissed due to the non-disclosure of documents related to neurological testing. They assert that this constitutes a breach of a 2024 court order and that compliance has not been achieved.
At a hearing on Wednesday, the defence suggested that 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. Kent described this as a “measure of last resort,” while Audland characterised the non-compliance as “systemic and without good reason.”
Rodway, representing the players, countered that the breaches were “neither serious nor significant” given the complexity and volume of documentation involved in the litigation. She argued that dismissing the claims would be an “extreme response” and that the litigation holds significant public and societal importance for the future of contact sports in the UK.
Senior Master Cook expressed his frustration with the pace of the litigation since its inception in 2020, stating he was “at a loss to understand” Boardman’s position. He noted “widespread non-compliance and … late compliance,” and accused Boardman of “providing misleading evidence in court.” Cook emphasised the need for integrity in the process, stating that the defendants are not being difficult but are ensuring the process is reliable.
High-profile former players involved in the case include 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, in a statement after Wednesday’s hearing, reiterated that the switch in legal representation was deemed necessary due to the “scale and complexity” of the case, hoping it would provide the momentum to advance the proceedings efficiently. The case continues.
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Source: theguardian.com
