Rugby Union and League: Concussion Legal Claims to Continue
By Prof Dr Ian Blackshaw
It has been reported that 377 Rugby Union players and 153 Rugby League players, in their multi-million-pound concussion legal battle, have been allowed by the English High Court to continue their claims against World Rugby, the Welsh Rugby Union, Rugby Football Union and Rugby Football League.
Lawyers representing these governing bodies had sought to have the players’ claims struck out, due to failure to comply with an order to disclose documents regarding the neurological testing process.
However, Senior Master Jeremy David Cook has allowed the legal battle, which has already lasted six years, to continue to trial after a change in lawyers and subject to conditions, which will be announced later.
In justifying his decision, he stated that:
"This litigation has the potential to greatly impact the way in which one of our national sports is conducted at amateur and professional levels.”
But he also noted that:
"I of course recognise the countervailing public interest that litigation should be conducted efficiently."
The players claim that the governing bodies failed to put safeguards in place to protect them from the consequences of repeated head impacts, but the governing bodies deny breaching any duty of care owed to the players to protect them from injury.
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