The legal dispute involving 125 former rugby league players who have been diagnosed with brain injuries they claim resulted from playing the game is heading for the courts. Proceedings are to be served against the Rugby Football League, the British Amateur Rugby League Association and International Rugby League.
Rylands Garth will this week formally launch the action on behalf of the group who have been diagnosed with conditions including early onset dementia and chronic traumatic encephalopathy (CTE), mirroring the legal dispute embroiling rugby union. Richard Boardman of Rylands says the action is a matter of “life and death”.
They argue the sport did not take proper action to protect rugby league players from injuries caused by repetitive concussive and sub-concussive blows during games throughout their careers and are now seeking damages as a result.
Rylands also represents more than 300 players in rugby union in a case that has began its journey with an initial hearing in June.
Now, the three league bodies cited in the legal action will also be heading for the courts after proceedings were formally served. That group includes the former Great Britain half-back Bobbie Goulding and the former Super League forward Nick Fozzard.
A pre-action phase began in September 2021 to encourage the disputing parties to reach an early settlement and stop the matter escalating into court action. However, that has not happened and Rylands will formally serve proceedings in the coming days, meaning the courts will take control of the process.
The legal process could cost the sport a significant sum and take months to be resolved. The action now includes the governing body for the international game, after Rylands added the IRL to the claim as a third defendant alongside the RFL and amateur body, Barla.
(December 8, 2020) Thompson joins case
The former Rugby World Cup winner and England hooker, Steve Thompson, reveals to the Guardian he has dementia and is joining a landmark legal case which proposes to bring proceedings against World Rugby, the Rugby Football Union and the Welsh Rugby Union.
(December 22, 2020) More former players come forward
Up to 10 former rugby league players are reported to have contacted Rylands Law, the same firm handling the rugby union case, about their concerns after being diagnosed with early onset dementia.
(January 1, 2021) Ward retires at 27 after struggles
The Leeds and England forward, Stevie Ward, retires at the age of 27 due to neurological symptoms caused by concussion and challenges rugby league to have a more aggressive approach to the protocols surrounding head injuries.
(March 1, 2021) MPs have their say
MPs confirm they are to launch an inquiry into concussion in sport.
(September 1, 2021) Goulding among new names bringing action
A group of 10 former international rugby league players, including the former Great Britain half-back Bobbie Goulding formally announce their intention to bring legal action against the Rugby Football League, with a pre-action phase confirmed. Rylands Garth say they are aware of as many as 50 former league players showing symptoms associated with neurological issues such as early onset dementia and chronic traumatic encephalopathy (CTE).
(November 1, 2021) RFL approves concussion-detecting mouth-guards
The RFL approves the use of concussion-detecting mouth-guards for the 2022 Super League season in an attempt to better monitor when a player has been exposed to a possible concussion.
(February 1, 2023) New post-concussion laws
The RFL approves new laws which rules any player diagnosed with a concussion must sit out contact training for 12 days, guaranteeing they miss their team’s next match. As recently as 2021, that period was as low as seven days.
(June 1, 2023) Lower tackle height trialled
A new trial is adopted in academy rugby league where the legal tackle height is lowered to below the armpit in an attempt to reduce contact with the head. The results of that trial are expected to be revealed later this summer.
(July 1, 2023) Australian great fears he has CTE
Australian rugby league icon Wally Lewis is told he likely has CTE, revealing his brain scans left his doctors in tears.
(August 1, 2023) Dispute heads for courts
The Guardian reveals that 125 former league players have now formally served proceedings against the sport, meaning the dispute will head for the court.
Rylands is representing league players as young as their 20s in the dispute. “If they all had wonky fingers and stiff backs and we were suing over that you’d tell them where to go,” Boardman said. “But this is far more serious than that, this is life and death. This is a real issue for players of all ages and we want to do what we can to help.
“Some of these lads are in a really bad state and to their critics saying they’re just unlucky, I’d say wear another man’s shoes for a day and experience what they’re going through. No one signed up for permanent, progressive brain damage.”
In a further statement, Rylands said it believes neither rugby code is safe in its existing format, which potentially expose current and future players to neurological impairment.
Rugby league is trialling a new system in academy fixtures where the legal tackle height is lowered to below the armpit in an attempt to reduce contact with the head. The early findings have suggested that head collisions have been reduced, but it has been met with frustration with penalty counts running at more than 50 and a feeling that the game would not adapt positively to such a drastic change.
The full results of that trial are expected to be published in the coming weeks.
The RFL, which oversees Barla, said: “The RFL takes player safety and welfare extremely seriously and it has been desperately sad to hear of any players’ difficulties. Rugby league is a contact sport and, while there is an element of risk to playing any sport, player welfare is always of paramount importance.
“As a result of scientific knowledge, the sport of rugby league continues to improve and develop its approach to concussion, head injury assessment, education, management and prevention across the whole game. We will continue to use medical evidence and research to reinforce and enhance our approach.”
