Former Rugby Players Lose Appeal in Brain Injury Lawsuit
Former rugby players pursuing legal action over alleged brain injuries have been refused permission to appeal against a court order requiring them to disclose their full medical records.
More than 1,100 former players from both rugby union and rugby league claim they are suffering from serious neurological conditions – including dementia, Parkinson’s disease and motor neurone disease – as a result of repeated head impacts during their careers.
The group is taking action against a number of governing bodies, including World Rugby, the Rugby Football Union, the Welsh Rugby Union and the Rugby Football League, accusing them of failing to adequately protect players from the risks of head injuries. All bodies deny liability.
At a previous hearing, Susan Rodway KC, representing the players, argued that the requirement to provide complete medical histories was “impossible, onerous and costly”. However, that challenge has now been rejected.
High Court judge Dexter Dias ruled that the disclosure order was “not disproportionate, oppressive, irrational or legally perverse”, refusing permission for the appeal to proceed. He said orders made in February 2024 and 2025 – which require claimants to submit medical records and neurological test results – were both proportionate and necessary to properly manage the litigation.
Rylands Garth, the law firm bringing the case on behalf of the players, said it welcomed the clarity provided by the ruling and confirmed it would comply with the court’s directions.
In a joint statement, World Rugby, the RFU and the WRU reiterated their stance, saying: “Player welfare remains a central priority for rugby and we shall not stand still in this space.”
The RFL added that it remained committed to player safety and welfare at all levels of the sport, highlighting “science-backed improvements” in concussion management, education and prevention, and pledging to continue evolving its approach in line with medical research.
Among those seeking damages are members of England’s 2003 Rugby World Cup-winning squad, including Steve Thompson, Mark Regan and Phil Vickery. Former Wales internationals Gavin Henson, Colin Charvis and Ryan Jones are also involved, along with ex-England and British & Irish Lions scrum-half Harry Ellis. Former Lions players Lee Byrne and Phil Greening joined the action in November.
The governing bodies’ joint statement noted the court had expressed concern over how the disclosure process had been handled, warning that many claims could be at risk of being struck out if full and fair disclosure is not provided.
Meanwhile, Rylands Garth is under investigation by the Solicitors Regulation Authority following claims from former England prop Will Green, who alleged he was pressured to join the action despite receiving an independent diagnosis showing no evidence of brain injury.
The case is next scheduled for review in March 2026.
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