Hundreds of rugby brain injury claims should be thrown out, court told

Lawyers for the players say they have suffered neurological injuries such as early onset dementia, Parkinson’s, epilepsy, and motor neurone disease because of repeated blows suffered throughout their sporting lives. Stock picture

Hundreds of legal claims against rugby’s governing bodies from players who allege they suffered brain injuries during their careers should be thrown out, the High Court in England has been told.

A mix of professional and amateur players claim that World Rugby, Welsh Rugby, the Rugby Football Union, the Rugby Football League, and the British Amateur Rugby League Association breached a duty of care to protect them from injury.

Lawyers for the players say they have suffered neurological injuries such as early onset dementia, Parkinson’s, epilepsy, and motor neurone disease because of repeated blows suffered throughout their sporting lives.

They argue that the governing bodies had the knowledge and resources to understand the likelihood of brain damage, but did not take steps against this or inform the players.

Each of the governing bodies denies wrongdoing and is defending the legal claims.

In 2024, lawyers for the players were told to disclose medical reports and documents, including neuropsychological assessments and brain scans for each of the players, to the governing bodies.

In July last year, the High Court issued further orders related to the disclosure of documents, which meant the claims could be thrown out if not followed.

The players then lost an appeal against the July 2025 order, with a High Court judge stating that it was issued following a “serious erosion of the confidence the court could safely place in the way the disclosure process had been conducted”.

At a hearing on Wednesday, lawyers for the governing bodies said that the 2024 orders had still not been complied with in several cases, meaning that 132 of the claims against the rugby league bodies, and 378 of the claims against the rugby union bodies, should be dismissed before a trial.

Michael Kent, for World Rugby, Welsh Rugby, and the Rugby Football Union, said that having the claims thrown out was “clearly a measure of last resort”, but that “compliance has still not been achieved”.

Mr Kent continued: “There are no further procedural levers available to the defendants or to the court.” 

He added: “There is no other remedy that is reasonable or proportionate.

“The court is presented with widespread and repetitive failures to comply with court orders, and the claimants’ legal representatives have been given huge latitude to date.” 

William Audland, for the rugby league bodies, said that non-compliance with court orders was “systemic and without good reason”, and that the claims should be dismissed.

Susan Rodway, for the players, said the breaches were “neither serious nor significant” given the “context of this complex and documentarily voluminous litigation”, and that throwing out the claims would be an “extreme response”.

She continued that the claims could be dealt with by a new law firm going forward, meaning there would be a “completely different regime going forward in which both the court and the defendants can have full confidence”.

Ms Rodway said: “None of the breaches have been due to the individual actions of the claimants.” 

She continued: “This litigation is of significant public interest and societal importance for the continuance of contact/collision sports in the UK.

“It would be highly undesirable for a significant number of the former players to lose their claims on procedural grounds.” 

The hearing before Judge David Cook is due to conclude on Thursday.