Many rugby players, who suffer from pathologies caused by concussions, launched collective action four years ago.
In the resounding affair of concussions in rugby, hundreds of former players will be required to hand over their medical records and the results of their neurological examinations after the British High Court rejected their appeal against this obligation on Monday. This decision removes a major obstacle in a class action related to concussions, initiated more than four years ago.
Former rugby union and league players, the plaintiffs claim that repeated shocks have caused them serious neurological pathologies, such as chronic traumatic encephalopathy, early forms of dementia and even motor neuron disease. They blame World Rugby, the international federation, as well as the English and Welsh federations (Rugby Football Union, Welsh Rugby Union) and other bodies, which deny any responsibility.
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In his judgment, Judge Dexter Dias found that the orders requiring the full transmission of medical records and neurological tests were “proportionate and necessary” to the conduct of the dispute. Although he noted a breach of previous decisions, he refused to go as far as striking out the complaints, deeming such a measure disproportionate.
The Rylands Garth law firm, which represents the former players, assured that it would now comply with the court’s demands, while accusing the authorities of delaying the procedure. The decision does not prejudge the responsibility of the federations, but paves the way for the selection of files in a case which concerns more than 1,000 former amateur and professional players.
