Lead Counsel Withdraws from Rugby Brain Injury Litigation, Jeopardizing Hundreds of Player Claims

Hundreds of former rugby league and rugby union players who have taken legal action against the sport’s governing bodies are now facing a critical juncture, according to Susan Rodway KC, the barrister representing the claimants.

Richard Boardman, the solicitor who has been the driving force behind the litigation, has formally requested to be removed from the case after criticism from Senior Master Cook regarding his handling of the matter. The case could now be taken over by Leigh Day, which has been acting as a consultant for the matter since February.

The players released a statement on Wednesday night announcing their decision to terminate the instruction of Rylands Garth and to appoint new solicitors. “This decision has not been taken lightly. We would like to place on record our sincere gratitude to Rylands Garth and in particular Richard Boardman,” the statement said.

“We concluded it was in the best interests of the claimants to appoint a firm with resources and specialist expertise required to lead the litigation through its next phase. We would like to reassure the court, our fellow claimants and the wider rugby family that we believe this represents a positive step in progressing the litigation.”

Cook described the development as a “dramatic change”. The claimants now confront the possibility of strike‑out motions because Rylands Garth failed to comply with a court order to disclose all available medical documents. If the strike‑out motions succeed, hundreds of claimants could be removed from the proceedings.

“There is a sword hanging over these players,” Rodway said, urging relief from the strike‑out motions. “Although the issues are generic, the impact relates to distinct individuals who have suffered life‑changing injuries and enormous stress and anxiety.”

Some, Rodway noted, have taken their own lives. “These are not claims for double glazing gone wrong, but for catastrophic brain injuries and each of these players has a claim for hundreds of thousands, if not millions, of pounds.”

According to Boardman’s court filings, Leigh Day is “engaging in a period of due diligence in order to decide whether they would be in a position to take over subject to the clients’ agreement”. A Leigh Day spokesperson said the firm “have not had an opportunity to properly consider whether they can come on record as solicitors in this claim” and that they “are reviewing the position”.

The claimants argue that the change of solicitor on the record “not only demonstrates how seriously the claimants take the criticisms levelled at them, but that there will be a completely different regime going forward in which both the court and the defendants can have full confidence”.

Confidence is thin. Over the past two years, both cases, still in the pre‑trial phase, have been stalled by disputes over whether Boardman’s firm, Rylands Garth, has met its disclosure obligations.

The defendants – World Rugby, the Rugby Football Union, the Welsh Rugby Union in one case, and the Rugby Football League and the British Amateur Rugby League Association in the other – initially sought permission to conduct independent medical testing on the claimants. The court ruled that such extensive testing would be “complex, expensive, and unnecessary” and required the claimants to disclose all medical records in their possession.

The two legal teams were then expected to select lead claimants from the hundreds involved. Progress has been limited, the defendants contend, because Rylands Garth repeatedly failed to provide all required documents.

Cook was unequivocal in agreeing with the defendants. He said he felt “at a loss to understand” Boardman’s position, stating, “On any view there has been widespread non‑compliance and there has been late compliance.” He also accused Boardman of “providing misleading evidence in court”.

“We’ve been four years trying to get to this point,” he said. “It has required orders and those orders have had to be backed up by an Unless Order, and even that wasn’t accepted, but appealed against.”

Cook dismissed the claimants’ suggestion that the defendants were being obstructive. “It’s not the defendants being difficult for the sake of being difficult, it is the defendants wanting to make sure this process has integrity we can all rely on. We’re here to do justice to people, but the process has to have integrity.”

Rodway countered that the claimants “are altering the process and will have a different person at the head” and emphasized that “the change of solicitors is significantly important because it shows the players taking matters into their own hands.” Leigh Day recently secured a victory against British Gymnastics over historic abuse allegations. Boardman is understood to remain involved in the case as co‑counsel.

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