Claimants in the ongoing legal action concerning brain injuries in rugby are facing £2.8m in legal fees owed to the defendants. The majority of this sum needs to be settled by the end of October for the case to proceed in its current form.
These costs are a direct result of delays that the court attributed to the “contradictory and misguided approach” of Rylands Garth, the solicitors who previously represented the players until earlier this year, according to Judge Senior Master Cook.
Hundreds of claimants were struck off from the action for breaching a court order requiring disclosure of neurological testing documents. Judge Cook ruled that these cases can continue only if the defendants’ legal fees are settled and if KP Law, the firm that replaced Rylands Garth in July, complies with outstanding disclosure obligations by the end of October.
Paul Downes KC, representing the claimants, acknowledged the case remains “in crisis” and that the players are in a critical situation. He stated that someone would need to cover the £2.8m in costs, though it is currently unclear who will do so. The claimants' action is funded by the legal finance firm Asertis, which has already covered multi-million pound costs for legal work and neurological testing over the past six years.
Mr Downes also warned that if cases were struck off, the resulting delays could prevent many claimants from achieving justice, noting that seven rugby union claimants have already died.