Lawyers for hundreds of rugby players mounting head injury claims have vowed to fight efforts to have the case thrown out.

More than 1,200 current and former players have joined the group claim led by London firm Rylands Garth, but the proceedings are under threat from a strike-out application by the sport’s governing bodies.

The dispute centres around an unless order issued by the court relating to disclosure of evidence relating to players’ injuries. World Rugby, the Rugby Football Union and Welsh Rugby Union say that, despite repeated warnings from the court, Rylands Garth has failed to comply with the terms of the order.

The firm ‘totally refutes’ (sic) such claims and intends to fight the defendants’ application at a hearing scheduled for July. The outcome could have a decisive impact on whether many of the high-profile claims can continue.

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A spokesperson for Rylands Garth told the Gazette: ‘We will vigorously defend the applications to strike out the claims of those who have suffered from brain injuries as the result of the governing bodies’ negligence. The governing bodies want access to confidential information that is covered by legal privilege – they are not medical records.’

The spokesperson accused the rugby authorities of trying to delay the case in spite of the distress this is causing to those suffering because of issues associated with head injuries.

‘The defendants have all the information they need and more, they are resorting to these tactics to delay the claimants their route to justice and hoping they will disappear and fade away,’ he added.

The spokesperson said there are potentially hundreds more individuals waiting on the outcome and ready to join the group claim. It has been reported that England World Cup winners Steve Thompson and Phil Vickery and former Wales internationals Colin Charvis and Gavin Henson are among the players involved in the case.

The claimants’ case is that they have suffered a material contribution to their injuries and damage while playing in England and Wales or in international competitions on behalf of England or Wales.

The High Court will decide whether to extend the deadline for disclosing required information or if some of the claims should be struck out.

In a joint statement, the defendant rugby authorities said: ‘In view of Rylands' continued failure to comply with the unless order issued by the court, which required full and proper disclosure of relevant information related to the claims as required by the court previously, the defendants have applied for a declaration that many of the claims are now struck out.

‘It is disappointing that despite repeated warnings from the court Rylands have still failed to comply with the terms of the court and the defendants have been forced to take this step.’

 

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