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#Post#: 154481--------------------------------------------------
Rugby’s brain concussion lawsuit could face collapse
DIR By: deadlyfrom5yardsout
Date: May 20, 2026, 1:25 am
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Courts losing patience with law firm representing players after
further extension to supply medical records requested
Daniel Schofield
Deputy Rugby Union Correspondent
Daniel Schofield
Daniel joined The Telegraph in 2014 after working as a sports
reporter at The Times. See more
Published 19 May 2026 8:55pm BST
Related Topics
Rugby concussion, RFU, World Rugby
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Dozens of players involved in rugby’s concussion legal action
could have their claims thrown out, leaving the case close to
collapse, after a delay in supplying medical information.
On Monday, Rylands Garth, the law firm representing the hundreds
of players who claim to be suffering neurological difficulties
resulting from repeated head impacts sustained during their
careers, requested a further extension to comply with a judge’s
“unless” order requiring full disclosure of medical records and
neurological test results.
Rugby’s authorities – World Rugby, the Rugby Football Union and
the Welsh Rugby Union – have now moved to strike out any players
from the motion whose records they have yet to receive. “In view
of the continued failure to comply with the unless order [a
time-bound directive] made by the court, which required full and
proper disclosure of relevant information related to the
claim... the defendants have applied for a declaration that many
of the claims are now struck out,” a joint statement from World
Rugby, the RFU and WRU read.
“It is disappointing that despite repeated warnings from the
court, Rylands Garth have still failed to comply with the terms
of the court and the defendants have been forced to take this
step.”
It is understood that this would include the majority of
claimants in the union case and a separate case against league.
While there is a high bar for players to be struck out, should
Rylands lose a significant cohort of its claimants – which
includes World Cup winners Steve Thompson, Mark Regan and Phil
Vickery – then that could be the beginning of the end for a case
which started in 2020.
The courts are losing patience with Rylands’ repeated requests
for extensions. At the High Court in December, a judge dismissed
Rylands’ appeal that supplying its claimants’ medical records
was “impossible, onerous and costly”.
At a further case management hearing in March, Senior Master
Cook further admonished Rylands’ supply of information to the
defendants, stating: “The inadequacy of disclosure was
widespread and persisted through two hearings and I have no
intention of removing the flame from your feet given your
performance to date.”
Another hearing is likely to be heard in late July, when the
judge will rule whether to grant a further extension or begin
the process of striking off claimants who joined the action
before April 2025.
Rylands, which has already lost eight costs hearings, has
accused rugby’s authorities of causing the delays. “The
governing bodies want access to confidential information that is
covered by legal privilege – they are not medical records,” a
spokesperson told the BBC. “For years, rugby authorities have
tried to delay this case, not caring about the distress this is
causing to those who have already suffered because of their
failures.
“The defendants are fully aware that many of these documents are
privileged and confidential. They also know the scale of the
task the claimants and the legal team have undertaken for full
disclosure. The defendants have all the information they need
and more – they are resorting to these tactics to delay the
claimants their route to justice.”
#Post#: 154485--------------------------------------------------
Re: Rugby’s brain concussion lawsuit could face collapse
DIR By: Rocker
Date: May 20, 2026, 1:46 am
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“The defendants are fully aware that many of these documents are
privileged and confidential...."
The court seems to disagree.... And the court is the arbiter or
that.
Frankly good.
#Post#: 154486--------------------------------------------------
Re: Rugby’s brain concussion lawsuit could face collapse
DIR By: Rocker
Date: May 20, 2026, 1:47 am
---------------------------------------------------------
--- Quote from: Rocker link ---
>
> “The defendants are fully aware that many of these documents
are privileged and confidential...."
>
> The court seems to disagree.... And the court is the arbiter
or that.
>
> Frankly good.
>
--- End Quote ---
I dint want to sound like a totally heartless bar steward, but
everyone knows there are risks from playing a violent contact
sport.
#Post#: 154494--------------------------------------------------
Re: Rugby’s brain concussion lawsuit could face collapse
DIR By: Banstead Quin
Date: May 20, 2026, 3:21 am
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What is it in those records that one set of lawyers doesn't want
the other set of lawyers/court to see?
I could hazard a guess but that doesn't diminish that there may
well be an impact on the brain playing a physical contact sport,
so just share them.
#Post#: 154495--------------------------------------------------
Re: Rugby’s brain concussion lawsuit could face collapse
DIR By: JammyGit
Date: May 20, 2026, 3:23 am
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--- Quote from: Rocker link ---
>
> I dint want to sound like a totally heartless bar steward, but
everyone knows there are risks from playing a violent contact
sport.
>
--- End Quote ---
Yeah but I don't think anyone signed up to violent mood swings,
depression, early onset alzheimers, and an early death. And the
powers that be for a long time were wilfully ignorant about the
dangers. Hell, even now we see them constantly defang any
initiatives meant to reduce the likelihood of long term health
effects.
#Post#: 154496--------------------------------------------------
Re: Rugby’s brain concussion lawsuit could face collapse
DIR By: Rugbycat
Date: May 20, 2026, 3:28 am
---------------------------------------------------------
--- Quote from: Rocker link ---
>
> I dint want to sound like a totally heartless bar steward, but
everyone knows there are risks from playing a violent contact
sport.
>
--- End Quote ---
That is the defence of Volenti non fit injuria, which is a total
defence in English law, the claimant needs to be fully aware of
all the risks, and give free and voluntary consent.
The second is the hard one to prove, the relationship between
employer and employee is not considered voluntary.
But the consent for medical treatment is Voluntary consent,
Sidaway v Board of Governors of the Bethlem Royal Hospital 1985.
Risky sports have always been considered to fall into the same
category but there is no real precedent for a case like this.
A boxer consents to being hit within the laws of boxing, and the
risks that accompany it, but not to being hit over the head with
the stool, or kicked.
#Post#: 154500--------------------------------------------------
Re: Rugby’s brain concussion lawsuit could face collapse
DIR By: deadlyfrom5yardsout
Date: May 20, 2026, 4:42 am
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Assuming some/all of these cases win their judgement, where is
the money coming from to settle damages? Can you/did they insure
against such eventuality or is the cash going to come out of
our/RFU coffers?
#Post#: 154504--------------------------------------------------
Re: Rugby’s brain concussion lawsuit could face collapse
DIR By: Rugbycat
Date: May 20, 2026, 5:01 am
---------------------------------------------------------
--- Quote from: deadlyfrom5yardsout link ---
>
> Assuming some/all of these cases win their judgement, where is
the money coming from to settle damages? Can you/did they insure
against such eventuality or is the cash going to come out of
our/RFU coffers?
>
--- End Quote ---
They have insurers, corporate and public liability cover is
necessary for them to operate, might be difficult to find anyone
willing to insure them after depending on the judgement.
There would be non doubt the argument of Contributory Negligence
and lack of scientific knowledge at the time of the injuries, to
reduce the amount of any judgement, and to strike out a number
of the claims due to a lack of Particularisation.
#Post#: 154506--------------------------------------------------
Re: Rugby’s brain concussion lawsuit could face collapse
DIR By: Banstead Quin
Date: May 20, 2026, 5:09 am
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There's no winner in this at all. Awful outcome either way and
plenty of blood on the dancefloor afterwards.
#Post#: 154507--------------------------------------------------
Re: Rugby’s brain concussion lawsuit could face collapse
DIR By: Rugbycat
Date: May 20, 2026, 5:29 am
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--- Quote from: Banstead Quin link ---
>
> There's no winner in this at all. Awful outcome either way and
plenty of blood on the dancefloor afterwards.
>
--- End Quote ---
I agree and there are a lot of other issues that are going to
very unpleasant after this comes to a conclusion that have
nothing to do with rugby.
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