The landmark rugby brain injury lawsuit is at risk of collapsing after the managing judge retired to consider striking out 95% of the first 561 claimants over a failure to comply with a disclosure order.
Key facts
- Senior Master Cook is weighing whether to strike out 95% of the first batch of 561 claimants.
- The strikeout is being considered on the grounds claimants failed to comply with a court order to disclose documents relating to neurological testing.
- The judge said the case had entered 'uncharted territory' with no legal precedent for what to do next.
- Hearings took place over two days at the Royal Courts of Justice.
- The judge blamed solicitor Richard Boardman for the situation.
The landmark legal action over brain damage in rugby is on the brink of collapse as the managing judge considers whether to strike out 95% of the first batch of 561 claimants, according to the Guardian.
The potential strikeouts relate to a failure by claimants to comply with a court order requiring them to disclose all available documents relating to their neurological testing.
After two days of hearings at the Royal Courts of Justice, Senior Master Cook said he felt the case had entered “uncharted territory” because he was unable to find any legal precedent for what to do next, the Guardian reported.
The judge retired to make his judgment following the hearings. According to the Guardian, the judge blamed solicitor Richard Boardman for the situation.
The outcome of the judge’s deliberations could determine whether the bulk of the first group of claims proceeds, leaving the wider legal action facing significant uncertainty.
Why it matters
The case represents a landmark attempt to hold rugby authorities accountable for brain damage suffered by players, and its potential collapse could have major implications for how such claims are pursued. The dispute also raises questions about disclosure obligations in complex group litigation.
Frequently asked questions
How many claimants could be struck out of the rugby brain injury case?
The managing judge is weighing whether to strike out 95% of the first batch of 561 claimants, according to the Guardian.
Why are the claimants at risk of being struck out?
They are alleged to have failed to comply with a court order to disclose all available documents relating to their neurological testing.
Where were the hearings held?
The hearings took place over two days at the Royal Courts of Justice.