Rugby claimants must make £1.5m payment on account in 14 days over non-compliance with orders

The claimants in the rugby head injuries group litigation must make a payment on account of more than £1.5 million to the defendants who are seeking costs of over £2.8m. After a half-day hearing on Friday Mr Justice Cotter, after retiring briefly with Senior Master Cook and Master Stevens made the order in an ex-tempore judgment.

The litigation, brought by around 1,000 former players spanning the two rugby codes, centres on serious head injuries allegedly due to collision impacts during matchplay or training. The defendants argue they have taken appropriate action to reduce the risk of neurological injury and they take issue with the claimants’ case on causation on both a generic and individual basis.

Paul Downes KC, for the claimants, apologised to the court over the handling of the claim. He said: 'I have been recently brought in, my concern is to strike the right tone. The tone is one of attrition, not explaination. We apologise to the court and apologise to the defendants. I fully accept that does not make it right but it seems to me the correct starting point.'

Giving judgment, Mr Justice Cotter said: ‘It seems to me there was finally a point on which the parties were agreed. The view I am going to take and the order, I expect is in accordance with initial observations. The relief from sanctions is grounded on conditions the claimants pay the costs of the defence. Those costs should be paid on the indemnity basis and subject to an immediate assessment. There will be a payment on account of those costs in 14 days.

‘As far as the Rugby League is concerned, as I understand it, the sums sought are in the region of £252,000. 75% will be paid by way of interim payment.

‘In respect of [Rugby Union] costs…I am told the total is £2.5m, made up of £628,000 for the first defendant [World Rugby Limited], £874,000 for third defendant [Rugby Football Union] and £1.09m for the second defendant [The Welsh Rugby Union Limited]. Having regard to the amount of detail that I currently possess…I think a lower percentage would be appropriate. I am going to allow 60% pro rata for each defendant in relation to the sums I have given.'

The judge said he was operating on the basis of figures 'which are far from clear' and subject to a detailed assessment 'in due course'. 

He ordered that compliance with all previous orders, which relate to disclosure, should be achieved by the end of the month.

If the claimants do not comply with the order the claims will be struck out. The defendants can seek an application to strike out up until 6 November.