Rugby brain injury cases to be thrown out, says High Court

At a hearing on Wednesday, they said 132 claims against rugby league organizations and 378 against rugby union organizations should be dismissed as a result of failure to comply with the order.

Michael Kent Casey, for World Rugby, Welsh Rugby and the Rugby Football Union, said in written submissions that throwing out the claims was “clearly a measure of last resort”, but “consent has not yet been achieved”.

William Odland KC, for the rugby league bodies, said in written submissions that the non-compliance with the court order was “systematic and without good reason” and that the claims should be dismissed.

Susan Rodway Casey, for the players, said in written submissions that the breaches were “neither serious nor significant” given the context of this complex and evidentially voluminous case and that tossing out the claims would be an “extreme reaction”.

He continued: “This case is of significant public interest and social importance to the continuation of contact/collision sports in the UK.

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

There have been legal battles over the sharing of former players’ medical information since the action began in 2020.

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

“What effect might this have?” The judge, Senior Master Jeremy David Cook, asked about the change of solicitor.

“I have been disappointed in the progress of this case since day one. I hope that the pace will be increased.”

He went on to describe the litigants as “passengers” in the lengthy process.

England’s Rugby World Cup winners Steve Thompson, Mark Regan and Phil Vickery and former Wales internationals Colin Charvis, Gavin Henson, Ryan Jones, Lee Byrne and Alix Popham are among the high-profile former players involved in the case.

The case continued on Thursday morning.