In depth: Former rugby pros left in limbo as group claim falters

Barring a last-minute handing down, hundreds of rugby players who signed up to a collective claim for brain injuries will spend the summer in legal limbo.

Last week, the High Court heard that the solicitor representing the former rugby union and rugby league players, Richard Boardman, had applied to come off the record.

At the same time, the defendants – six of rugby’s governing bodies – applied to the court for most of the claims to be struck out, a sign of the increasingly fractious relationship between the parties concerning disclosure issues.

With the courts’ summer break inconveniently falling just a week after Senior Master Cook had reserved judgment, it seemed likely that an answer even to preliminary issues – let alone settlement of the claims – is still months away. Considering that the legal proceedings have now lasted for six years, this amounts to an agonising wait for those players who say they experienced long-term brain injuries as a result of concussion suffered during their playing careers.

Boardman, the owner of London firm Rylands Garth, told the court that national firm Leigh Day had been appointed as consultant to the collective action and is currently engaged in a period of due diligence to decide whether to come on the record.

The solicitor added: ‘I will ensure that there is an orderly handover – to ensure that the court can have confidence that this litigation will be concluded as it would expect going forward.’

'The defendants’ actions in bringing these strike-out claims and taking steps to issue a press release about the same, flies in the face of their protestations of placing the welfare of the players at the forefront'

Susan Rodway KC and John Platts-Mills

Even if a new firm can be appointed, the claimants’ counsel Susan Rodway KC and John Platts-Mills acknowledged it will be a challenge for them to get up to speed with the case as well as meet with the players.

But they added: ‘This change of solicitor on the record not only demonstrates how seriously the claimants take the criticisms levelled at them, but that there will be a completely different regime going forward in which both the court and the defendants can have full confidence.’

Their submissions to the court suggested that the matter has been overshadowed by the acrimony directed by the defendants towards Boardman, which has amounted to a ‘wholesale attack’ on the solicitor and created a ‘toxic situation’.

The claimants’ counsel added: ‘All defendants appear to have lost sight of the reality of their actions. The claimants have suffered brain damage. Their symptoms include considerable anxiety and many have committed suicide.

‘The defendants’ actions in bringing these strike-out claims and taking steps to issue a press release about the same, flies in the face of their protestations of placing the welfare of the players at the forefront.’

Boardman was reportedly subject to criticism from the senior master, who observed a ‘total failure by [him] to get to grips and deal with the criticisms that have been made’. The solicitor has not responded to the Gazette’s requests for comment.

The governing bodies deny they acted disproportionately by applying to have the claims struck out and say the claimants’ representatives have repeatedly missed deadlines for submitting medical evidence.

In a progress report on behalf of the defendants, the court was told that the claimants had failed to provide any further and/or refined particulars of breach of duty. Nor had they provided any evidence in response to the application for claims to be struck out.

In a statement to court, the bodies said: ‘The defendants require disclosure of the claimants’ medical records to enable the selection of lead claimants. The claimants’ failure to respond to reasonable enquiries is prejudicing the defendants` position as a result.’

Some of the highest-profile players, meanwhile, have offered their thanks to Rylands Garth despite unanimously agreeing to seek new lawyers due to the scale and complexity of the litigation.

A statement from former Wales international Alix Popham, endorsed by Steve Thompson and Phil Vickery – members of England’s World Cup winning side of 2003 – said: ‘We would like to reassure the court, our fellow claimants and the wider rugby family that we believe this represents a positive step in progressing the litigation. We hope it will help provide the momentum required to move the proceedings forward as efficiently as possible and address some of the factors that have contributed to the pace of the litigation to date.

‘Our focus remains unchanged: to ensure that the interests of the claimants are represented robustly and professionally, while also remaining mindful of the long-term future of both codes of rugby, for which we all continue to have enormous passion and respect. Our objective remains to secure the best possible outcome for those affected.’