Rugby concussion lawsuit risks collapse as judge weighs claimant strikeouts

A landmark legal challenge regarding brain injuries in rugby has reached a critical juncture, with hundreds of former players facing the prospect of their claims being dismissed. On Thursday, 23 July 2026, the presiding judge, Senior Master Cook, retired to consider whether to strike out 95% of the first batch of 561 claimants involved in the litigation. The potential collapse of the action follows persistent issues regarding the disclosure of medical evidence, which the court identified as a failure of legal representation rather than the claimants themselves.

The defendants—including World Rugby, the Rugby Football Union, the Welsh Rugby Union, the Rugby Football League, and the British Amateur Rugby League Association—have argued that the claimants failed to comply with court orders to provide necessary documentation concerning neurological testing. Senior Master Cook, sitting at the Royal Courts of Justice, described the legal action as having entered “uncharted territory” as he weighed the potential removal of the claimants. He noted that he required a “careful and considered manner” in reaching a decision before the court breaks for summer on Friday, 31 July.

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The crisis stems from the conduct of Richard Boardman of Rylands Garth, the solicitor who initiated the legal action in late 2020. The claimants have now unanimously agreed to terminate their instruction of Rylands Garth. Senior Master Cook was unequivocal in his assessment that the blame for the procedural impasse lay with the solicitor, not the players. “The only complaint in this case is against the way Mr Boardman has handled the material,” Cook observed. He likened the claimants to “passengers in a vehicle being driven by somebody else,” using an analogy of three buses to describe how the driver of the first bus had failed his passengers while the others reached their destination.

While the solicitor has notified the court of his intent to come off the record, Senior Master Cook expressed skepticism regarding the transition to new representation. Although the firm Leigh Day has been consulting on the matter, no formal appointment has been confirmed. Barrister William Audland KC, representing the Rugby Football League, highlighted the growing uncertainty, stating that “There may be no one that is prepared to pick up this mess.”

The litigation, which includes former players such as Steve Thompson and Phil Vickery, began six years ago with the aim of holding rugby authorities accountable for an alleged failure to protect players from repetitive concussive and sub-concussive blows. Throughout the process, the court has admonished the legal team for delays and the submission of misleading evidence regarding compliance with disclosure orders. The defendants maintain that the documentation is essential to the integrity of the process and the ability to prepare a defense.

Legal representatives for the claimants, including Susan Rodway KC, have argued that the court should consider the significant public interest and societal importance of the case. They contend that it would be highly undesirable to deny justice to former players suffering from catastrophic brain injury due to procedural errors.

What to Watch Next

• Judicial Decision: Senior Master Cook is expected to deliver a ruling on the potential strikeout of the first group of 561 claimants before the court breaks for summer on 31 July.
• Legal Representation: Claimants are currently seeking new counsel, with Leigh Day conducting due diligence on whether to take over the case.
• Future Hearings: A further hearing is set for November, though the judge has expressed concern about whether new solicitors could meet the required timeline.
• Secondary Tranches: There remain second tranches of stayed cases in both league and union that may proceed regardless of the outcome for the first group.