"Judge admonishes solicitor representing athletes in brain damage claims"

The judge overseeing two brain injury lawsuits in rugby league and rugby union issued strong criticism of the solicitor representing the injured players, stating that he had been operating under a "misapprehension" about his obligations and that "he seems to have a problem with the English language."

Senior master Jeremy Cook noted that Richard Boardman, whose firm Rylands Garth represents over 1,000 players across both sports, had not provided necessary materials to the defendants—World Rugby, the Rugby Football Union, the Welsh Rugby Union, and the Rugby Football League.

Cook chose not to dismiss any of the claims filed by Rylands Garth, believing the issues could be corrected. However, he agreed with the defendants’ argument that there had been "serious and widespread failures to comply" with court orders, particularly in the rugby league case.

The defendants argued there were "significant gaps" in medical records for 90% of the claims. At the high court in London, Cook ruled that the claimants, supported by a litigation funder, must cover the costs related to these complaints.

"These claims are important to the claimants, and the difficulties here stem from Mr. Boardman’s complete misunderstanding of his responsibilities," Cook said. He added that Boardman appeared to mistakenly believe he only needed to submit documents used in arguments rather than all relevant evidence.

This misunderstanding has caused delays, with the case yet to go to trial. "There has been no admission or apology," Cook stated, "and, above all, a total failure by Mr. Boardman to recognize that this was caused by his misreading."

Susan Rodway KC, of Rylands Garth, countered that the defendants had sent claimants on "a four-month exercise in following leads down rabbit holes" searching for non-existent critical evidence and that the firm lacked the resources to provide complete medical records for all players involved.

"There’s been enough delay," Cook responded. "These claimants need their cases resolved as soon as possible."

At the latest case management hearing, it was revealed that only 91 of the 383 claimants who joined since this year’s deadline have received a medical diagnosis. Despite this, both legal teams will now select a group of lead claimants for trial, with further hearings set for early 2026.

"Nearly five years after legal action began, the claimants’ lawyers have admitted in court that many players lack thorough medical testing, opting instead for what the judge called a 'self-serving tick box exercise' to join the claim," a World Rugby spokesperson said.