More than 1,100 former rugby players pursuing legal action over alleged brain injuries have been refused permission to appeal a High Court decision requiring them to provide full medical records. The decision is a significant development in the ongoing concussion lawsuit involving rugby union and league players.

Background of the Concussion Lawsuit

The lawsuit involves claims that repeated head impacts during professional careers have caused serious neurological conditions such as dementia, Parkinson’s disease, and motor neurone disease. The players accuse governing bodies including World Rugby, the Rugby Football Union (RFU), the Welsh Rugby Union (WRU), and the Rugby Football League (RFL) of failing to protect them from these risks.

The governing bodies have consistently denied liability but emphasize that player welfare remains a central priority.

High Court Decision on Medical Records

Previously, players argued that producing all medical records would be “impossible, onerous, and costly.” Susan Rodway KC, representing the claimants, highlighted the administrative burden of disclosing decades of personal medical information.

However, the High Court refused the appeal, stating that the order to provide medical records and documents from neurological testing is “not disproportionate, oppressive, irrational, or legally perverse.” Judge Dexter Dias emphasized that the disclosure is proportionate and necessary to properly manage the litigation.

Statements from Legal Teams and Governing Bodies

Law firm Rylands Garth, representing the players, said it would comply with the court’s orders while expressing gratitude for the clarity provided.

In a joint statement, World Rugby, RFU, and WRU stressed their continued commitment to player safety:

“Player welfare remains a central priority for rugby and we shall not stand still in this space.”

The RFL also highlighted ongoing improvements in concussion management:

“We will continue to utilise evolving medical evidence and research to enhance our approach for the benefit of all who love and partake in the game.”

High-Profile Players Involved

Among those seeking damages are notable former stars:

• England’s 2003 Rugby World Cup winners: Steve Thompson, Mark Regan, Phil Vickery
• Former Wales internationals: Gavin Henson, Colin Charvis, Ryan Jones
• Ex-England and British & Irish Lions scrum-half Harry Ellis
• Recent additions: Former Lions players Lee Byrne and Phil Greening

The case has been further complicated by allegations against Rylands Garth, currently under investigation by the Solicitors Regulation Authority over claims of pressurizing former England prop Will Green to join the lawsuit despite a second diagnosis showing no brain injury.

Legal Implications and Next Steps

The High Court has warned that ineffective disclosure could jeopardize players’ claims, with some at risk of having their cases struck out. The case is scheduled for review again in March 2026, with the disclosure process central to the litigation’s outcome.

This ruling underscores the challenges facing concussion litigation in professional sports, highlighting both the legal complexities and the growing focus on player safety and neurological health in rugby.