The ongoing legal battle over brain damage caused by rugby has suffered a major blow, as two appeals launched by the legal firm representing former players in rugby league and rugby union have been denied. This decision has significant implications for the case, which has been ongoing for five years, and may result in a large number of claimants having their cases struck out before they reach trial.
The appeals, which were heard by Lord Justice Dias, centered on the issue of disclosure of medical material by the claimants' firm, Rylands Garth. The defendants, including World Rugby, the Wales Rugby Union, and the Rugby Football Union, had requested certain medical information, including GP records and medical histories, which Rylands Garth had failed to provide. Despite arguments from Rylands Garth that the task was impossible due to its size, Lord Justice Dias ruled that the firm had failed to fulfill its obligations and that the judge presiding over the case, Senior Master Jeremy Cook, had been right to find in favor of the defendants.
The ruling has significant consequences for the case, with 180 of the 321 claimants in rugby league now facing the risk of having their claims struck out. The number of claimants affected in rugby union is smaller, but around 20% of the total of 773 union players could still be impacted. The issues at play are procedural, and the appeal ruling does not reflect the strength of the actual cases that will eventually proceed to trial. However, the decision is a significant setback for the claimants and their representatives.
Lord Justice Dias was critical of Rylands Garth solicitor Richard Boardman, stating that "given the repeated extensions, the strong indications by the judge from early in proceedings of the need for active progression of the litigation, the gross misunderstandings of Mr Boardman about his disclosure duties and the associated puzzling nature of these fundamental misconceptions with his unconvincing explanations, it was entirely reasonable in my judgment for the judge to lack confidence in the adequacy or legal accuracy of the approach to disclosure". This criticism highlights the importance of proper disclosure and the need for solicitors to ensure they have made appropriate arrangements to comply with court orders.
The former players we represent and their families continue to suffer every day with the devastating impact of the negligence of sports authorities. We reaffirm our commitment to accountability, meaningful change, and safeguarding the next generation of players.
A spokesperson for Rylands Garth stated that the firm would continue to comply with the court's orders and work to fast-track the case, despite the setback. The spokesperson also emphasized the firm's commitment to delivering justice for the former players they represent and highlighted the significant amount of documentation that had already been disclosed in support of the case.
The case has been ongoing for five years, and the latest development is a significant blow to the claimants. The next case hearings are scheduled for March, but it is likely that the defendants will now move to have all the affected claims struck out. The implications of this decision are far-reaching, and it remains to be seen how the case will proceed from here.
The ruling highlights the importance of proper disclosure and the need for solicitors to ensure they have made appropriate arrangements to comply with court orders. It also emphasizes the need for accountability and meaningful change in the sport to safeguard the next generation of players. As the case continues to unfold, it is clear that the impact of this decision will be felt for years to come.
Original: The Guardian
Image: The Guardian
Written by Npsports
