A major claim involving more than 500 former rugby players can be continued after the High Court quashed the striking out of their demands to have evidence of tests to determine the risk of neurological injury.
Senior Master Cook granted the players that relief from sanction after they switched their solicitors, from Rylands Garth and Richard Boardman, to KP Law. A total of 530 people – 377 former players in rugby union and 153 in rugby league – have been asked to provide documentation to defendants but failed to do so, and their claims were struck out.
But Mr Cook has taken the view that the change of legal team gives him confidence that court orders will be adhered to and it was also important to give the players an opportunity to get justice.
It was also argued previously by Alix Popham, a former international for Wales who provided evidence for the claimants, that players have been let down by their representation and had not been told about any issues with this aspect of their case. World Rugby and England and Welsh rugby’s governing bodies said the “welcome decision” was an important one in its processes.
They expressed “optimism that litigation can now proceed in accordance with the court’s expectations.” KP Law has committed to providing a “resource-heavy team” to sort out the documents ahead of a November hearing.
The case will proceed through the selection of lead claimants.
