Hundreds of former rugby league and rugby union players pursuing legal action over brain injuries face a critical juncture after their lead solicitor withdrew from the case following judicial criticism. Richard Boardman, managing partner of Rylands Garth, requested to step down as the principal solicitor after Senior Master Cook expressed concerns over the firm’s handling of disclosure obligations. The players are now in the process of appointing new legal representation, with Leigh Day potentially assuming the lead role.
The legal action concerns claims against rugby’s governing bodies—including World Rugby, the Rugby Football Union, the Welsh Rugby Union, the Rugby Football League, and the British Amateur Rugby League Association—over alleged failures to protect players from catastrophic brain injuries sustained during their careers. According to Susan Rodway KC, the barrister representing the claimants, the withdrawal of Rylands Garth leaves “a sword hanging over these players” as proceedings risk collapse due to potential strikeouts.
Senior Master Cook has threatened to strike out hundreds of claimants after Rylands Garth failed to comply with court orders requiring full disclosure of all relevant medical records to the defendants. The judge sharply criticised Boardman, saying he was “at a loss to understand” the firm’s non-compliance, accusing it of providing “misleading evidence” and describing the failure as “widespread.” Cook emphasized that the defendants’ insistence on disclosure was not an attempt to obstruct but aimed at maintaining the integrity of the litigation process.
The case has been delayed for over two years amid disputes over medical disclosures. Initially, defendants sought to conduct independent medical testing on claimants, but the court deemed this unnecessary, ordering the claimants’ legal teams to disclose all medical documentation in their possession. This exchange of documents was intended to allow both sides to identify lead claimants from the hundreds involved. However, defendants argue that Rylands Garth repeatedly missed deadlines and failed to produce the required materials, prompting the court’s intervention.
In a statement issued by the claimants, the decision was made to “terminate the instruction of Rylands Garth” and to seek new solicitors with the resources to advance the litigation. The statement acknowledged the contributions of Rylands Garth and Boardman while emphasizing a commitment to restoring confidence in the process. A Leigh Day spokesperson confirmed the firm is conducting due diligence but has not yet agreed to formally take over the case.
Rodway described the change in solicitors as a significant and positive step, indicating a “completely different regime” will be put in place to address previous criticisms. She noted the individual nature and severity of the injuries involved, citing cases of life-changing trauma and some players experiencing extreme distress, including suicide.
Despite Boardman’s withdrawal as lead solicitor, he is expected to remain involved as co-counsel. The outcome of the process to appoint new representatives will be closely watched, as strikeouts could remove a substantial number of claimants and derail what has been an already protracted and complex legal battle over player safety in rugby.