UK rugby brain injury case allowed to go to trial

A legal case involving hundreds of former rugby players who allege they suffered brain injuries during their careers can proceed to trial, a judge ruled Friday.

The claimants include professional and amateur players who accuse World Rugby, the Welsh Rugby Union, England's Rugby Football Union, the Rugby Football League and the British Amateur Rugby League Association of breaching a duty of care to protect them from injury.

Judge David Cook, sitting at London's High Court, said he would have thrown out the claims but decided “with some hesitation” that they should proceed to trial, subject to conditions to be decided at a further hearing.

Last month, Cook said he was deciding whether to strike out 95 percent of the first batch of 561 claims because the players' lawyers had failed to comply with a ruling to disclose all available documents relating to neurological testing.

Cook said there were “exceptional circumstances” and that the case had “a particular element of public importance going beyond the individual claims”. He said the litigation could greatly affect how rugby is conducted at amateur and professional levels, while also recognising the public interest in efficient litigation.

The players allege they have suffered neurological conditions including early onset dementia and chronic traumatic encephalopathy because of repeated blows. They argue the governing bodies had the knowledge and resources to understand the likelihood of brain damage, but failed to act or inform players.

Each governing body denies wrongdoing and is defending the claims.

Former England rugby union World Cup winners Steve Thompson, Mark Regan and Phil Vickery, and former Wales internationals Colin Charvis, Gavin Henson, Ryan Jones, Lee Byrne and Alix Popham, are among the former players involved.

Cook said the breach of court orders was not the players' fault. The players have since instructed a new law firm, KP Law.