HIGH COURT ALLOWS 500 RUGBY PLAYERS' BRAIN INJURY CLAIMS TO PROCEED
A High Court judge has ruled that approximately 500 claims brought by former rugby players against governing bodies can proceed to trial. The players allege they sustained brain injuries during their careers and that World Rugby, Welsh Rugby, the Rugby Football Union, the Rugby Football League, and the British Amateur Rugby League Association breached their duty of care. The governing bodies had sought to have the claims struck out before trial, arguing that the players' legal team had failed to comply with court orders. Judge David Cook determined that the cases should proceed, subject to conditions to be decided at a further hearing.
The players contend that they developed neurological conditions including motor neurone disease, epilepsy, Parkinson's disease, and early-onset dementia as a result of repeated head injuries sustained during play. They argue that the governing bodies possessed knowledge and resources to understand the risk of brain damage but failed to take preventative measures or inform athletes of the dangers. Each governing body denies liability and is defending the actions. The judge noted that the players are now represented by KP Law, and stated that he could not have had confidence in compliance with future court orders had they remained with their previous legal representatives.
Judge Cook acknowledged "exceptional circumstances" in the case and stated it possessed "particular element of public importance going beyond the individual claims". He said the litigation has potential to greatly impact the way rugby is conducted at amateur and professional levels. The judge recognised concerns about litigation efficiency and delay but stated that tight case management going forward could remedy these issues and unnecessary expenses could be compensated through costs decisions.