High Court grants rugby head injury claimants relief from sanctions after solicitor switch to KP Law and Leigh Day

Senior Master Cook has granted relief from sanctions to hundreds of former rugby players whose claims had been struck out for failing to comply with court disclosure orders, after the claimants switched solicitors from Rylands Garth to class action specialists KP Law, with assistance from Leigh Day. Around 530 claimants across the rugby union and league litigation had claims struck out due to inadequate disclosure of medical records. The judge said that had Richard Boardman, principal of Rylands Garth, continued to conduct the proceedings, he could not have had "any confidence that future court orders would be complied with timeously or at all." The switch to KP Law, described as having "sufficient resources," was a decisive factor in granting relief. The overall litigation covers approximately 1,000 claimants who allege they sustained serious head injuries, including concussions and sub-concussive permanent brain damage, from collision forces during rugby matchplay or training. They claim the defendant governing bodies, including World Rugby and UK rugby bodies, failed to do enough to protect them. A witness statement from former Welsh international Alix Popham, on behalf of the union players committee, told the court the committee had "progressively lost confidence" in Rylands Garth's ability to manage proceedings, including failures to comply with court requirements and to communicate adequately with claimants. The players had originally intended to switch to Leigh Day but it was unable to complete its due diligence in the required timeframe. James Oldnall, managing partner of Milberg London, has been appointed as independent counsel to the players' committee to advise on the relationship with KP Law and litigation funder Asertis, noting that Asertis and KP Law are part of the same corporate group.

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