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Brain injury legal action faces threat of collapseImage source, Getty ImagesImage caption, The legal action against rugby’s authorities has been going since 2020ByMike Henson
Rugby’s multi-million-pound concussion legal action could be close to collapse as the game’s authorities push for clarity on whether a deadline for information on the vast majority of the 1,200 cases involved has been breached.
The two sets of lawyers have clashed over the collection and sharing of information related to former players since the action began in 2020.
In December, a High Court judge dismissed a claim by those representing former players that compiling full medical records for each would be “impossible, onerous and costly” and insisted on full disclosure of medical records and neurological test results.
“In view of the continued failure to comply with the unless order [a time-bound directive] made by the court, which required full and proper disclosure of relevant information related to the claim… the defendants have applied for a declaration that many of the claims are now struck out,” read a statement from World Rugby, the Welsh Rugby Union and the Rugby Football Union.
“It is disappointing that despite repeated warnings from the court, Rylands Garth [lawyers representing the players] have still failed to comply with the terms of the court and the defendants have been forced to take this step.”
Rylands Garth says it will contest any attempt to have any cases removed from its legal action and accused the game’s authorities of delaying proceedings with unnecessary requests for information.
“The governing bodies want access to confidential information that is covered by legal privilege – they are not medical records,” stated a spokesperson.
“For years, rugby authorities have tried to delay this case, not caring about the distress this is causing to those who have already suffered because of their failures.
“The defendants are fully aware that many of these documents are privileged and confidential.
“They also know the scale of the task the claimants and the legal team have undertaken for full disclosure.
“The defendants have all the information they need and more – they are resorting to these tactics to delay the claimants their route to justice.”
The players involved – across league and union – claim that rugby’s authorities failed to put in place safeguards to protect them from neurological conditions caused by repeated head impacts. World Rugby, the Rugby Football Union (RFU), the Welsh Rugby Union (WRU), the Rugby Football League (RFL) deny liability.
A hearing, likely to be staged at the end of July, will now decide whether a deadline to gather and share information will be extended once more, or if players who joined the legal action before April 2025 and lack full paperwork will be struck off.
England 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.
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