Rugby Concussion Lawsuit Survives Strikeout Bid and Will Go to Trial
Hundreds of former rugby players suing the sport's governing bodies over brain injuries suffered during their careers will have their day in court, after a High Court ruling refused to throw the cases out.
Senior Master Cook delivered his judgment on Friday, stating that "with some hesitation" the claims should proceed to trial. He imposed conditions that will be decided at a further hearing. The ruling covers 377 rugby union players and 153 rugby league players — a combined 530 former professionals alleging that repeated concussions and head impacts during their playing days left them with lasting neurological damage (BBC Sport).
Lawyers for World Rugby, the Rugby Football Union, the Welsh Rugby Union and the rugby league governing bodies had sought to have the cases struck out, arguing that the players' legal team had failed to comply with court orders to hand over medical evidence. William Audland KC, representing the rugby league bodies, told the court in written submissions that the non-compliance was "systemic and without good reason."
Susan Rodway KC, for the players, countered that the breaches were "neither serious nor significant" given the scale and complexity of the litigation.
Cook acknowledged both arguments. He noted "exceptional circumstances" and a "particular element of public importance going beyond the individual claims" in his reasoning. He added that he would personally have thrown the claims out — but decided they should survive, subject to conditions yet to be set.
The case has travelled a troubled road to this point. In 2024, the players' lawyers were ordered to disclose medical reports, including neuropsychological assessments and brain scans, to the governing bodies. The players lost an appeal against that disclosure order, with a judge citing "a serious erosion of the confidence the court could safely place in the way the disclosure process had been conducted" (BBC Sport). By December 2025, a separate High Court bid to block the disclosure orders was also dismissed (Reuters).
In July 2026, the governing bodies escalated their challenge, seeking to strike out nearly 380 rugby union cases — roughly 95% of the union claims — on the basis that the 2024 disclosure orders had still not been met. Two days of hearings followed, with Cook describing the proceedings as "uncharted territory" before retiring to consider his ruling (The Guardian; France 24).
The case has also changed legal hands. In July 2026, it was announced that lawyer Richard Boardman, who had represented the claimants through the firm Rylands Garth, would no longer act for the ex-players. KP Law has since taken over. Former Wales international Alix Popham said in a witness statement that claimants "received numerous assurances from Rylands Garth/Boardman as to the progress of the case" and only realised the need to switch solicitors after speaking directly to counsel.
The names behind the lawsuit give it weight beyond the courtroom. England World Cup winners Steve Thompson, Mark Regan and Phil Vickery are involved, alongside former Wales internationals Colin Charvis, Gavin Henson, Ryan Jones, Lee Byrne and Alix Popham — players who shaped the professional era of both codes and now carry the consequences.
What happens next is a further hearing to determine the conditions Cook will attach to the trial proceeding. No date for trial has been set.
