Rugby players seek new legal representation in brain injury cases
Players seek new legal counsel
Hundreds of former rugby league and rugby union players involved in legal action against the sport’s governing bodies are seeking new legal representation. This development follows criticism regarding the handling of their cases, which allege that authorities failed to implement sufficient safeguards against repeated head impacts.
Richard Boardman, the solicitor who has been instrumental in organising the litigation through his firm Rylands Garth, has formally requested to withdraw from the cases. This decision comes after the managing judge, Senior Master Cook, criticised the firm’s compliance with court orders.
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, stating the change was made to appoint a firm with the necessary resources and expertise for the next phase of the litigation.
The claimants believe this change represents a positive step forward in the proceedings. Leigh Day, a firm that has been consulting on the cases since February, is currently reviewing whether they can officially take over as solicitors.
Court proceedings and compliance issues
The legal actions, which are still in the pre-trial phase, have faced delays over the past two years due to arguments concerning Rylands Garth’s adherence to disclosure obligations. The defendants in these cases include World Rugby, the Rugby Football Union, and the Welsh Rugby Union in one action, and the Rugby Football League and the British Amateur Rugby League Association in another.
The defendants had initially requested to conduct their own medical testing on the claimants. However, the court determined this would be “complex, expensive, and unnecessary,” instead requiring claimants to disclose all relevant medical records. Progress on selecting lead claimants has been slow, with defendants arguing that Rylands Garth repeatedly failed to provide all required documents.
Senior Master Cook expressed frustration with the pace of the litigation, noting “widespread non-compliance and late compliance” from Rylands Garth. He also accused Boardman of “providing misleading evidence in court.” The judge emphasised the importance of integrity in the legal process, stating it was not the defendants being difficult, but rather ensuring the process is reliable.
Susan Rodway KC, representing the players, has appealed for relief from potential strikeouts, which could remove hundreds of claimants from the proceedings. She highlighted the severe impact of the alleged brain injuries, describing them as “life-changing” and causing “enormous stress and anxiety” for individuals.
Rodway argued that the breaches were “neither serious nor significant” given the complexity and volume of documents involved in the litigation. She also stressed the significant public and societal importance of the cases for the future of contact sports in the UK, arguing that dismissing claims on procedural grounds would be an “extreme response.”
Impact on high-profile players
The legal action involves numerous high-profile former players, including England Rugby World Cup winners Steve Thompson, Mark Regan, and Phil Vickery. Former Wales internationals Colin Charvis, Gavin Henson, Ryan Jones, Lee Byrne, and Alix Popham are also among those involved.
Alix Popham released a statement after a recent hearing, reiterating the claimants’ belief that the change in legal representation was necessary due to the “scale and complexity” of the case. He expressed hope that this move would provide the momentum needed to advance the proceedings efficiently and address factors that have contributed to the slow pace of the litigation.
The players’ legal team contends that the change of solicitors demonstrates their commitment to addressing criticisms and establishing a new regime that instils confidence in the court and defendants. Leigh Day, the firm considering taking over, has a track record of success, including a recent case against British Gymnastics concerning abuse allegations.
It is understood that Richard Boardman intends to remain involved in the case as co-counsel. The case continues in the High Court.
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Source: theguardian.com
