Players must provide medical records in concussion lawsuit

Rugby players who claim they suffered brain injuries while playing the sport were denied the right to challenge a decision that required them to provide all of their medical records.

More than 1,100 players, both in the league and union levels, claim to have suffered from conditions like dementia, Parkinson’s, and motor neurone disease as a result of repeated events that they have experienced throughout their careers.

They accuse World Rugby, the Rugby Football Union (RFU), the Welsh Rugby Union (WRU), the Rugby Football League (RFL), and other organizations of failing to protect them from danger. The governing bodies dispute liability.

The players’ attorney, Susan Rodway KC, claimed in a previous hearing that the requirement to provide medical records was “impossible, burdensome, and expensive.”

A judge at the High Court, however, has turned down the appeal, arguing that the ruling is not “disproportionate, oppressive, irrational, or legally perverse.”

The law firm that brought the case, Rylands Garth, expressed gratitude to the judge for providing the judge’s order and for providing clarity.

Judge Dexter Dias claimed that the court’s order to handle the litigation was proportionate and required because it required the claimants to hand over all documents from neurological testing in February 2024 and 2025.

In a joint statement, World Rugby, the RFU, and the WRU stated that “player welfare continues to be our top priority in the sport, and we will not stand still in this state.”

Former England players Gavin Henson, Colin Charvis, Ryan Jones, and former England scrum-half Harry Ellis are among the players who are suing World Rugby, the RFU, and the WRU for damages.

Former British and Irish Lions Lee Byrne and Phil Greening were confirmed to be parties to the concussion lawsuit in November.

The ruling expressed concern about the court’s confidence in the way the disclosure process has been conducted in their joint statement, and it also stated that effective and fair disclosure of the relevant documents was “essential” in the context of the case.

“Many players in the case face losing their claims,” the statement says.

The Solicitors Regulation Authority is looking into former England prop Will Green’s claims that Rylands Garth attempted to pressure him into joining the action despite that he had a second, independent diagnosis that showed no sign of brain injury.