Collective Legal Actions in Sports: Merging Forces for Concussion Claims Compensation
In a landmark move, a Group Litigation Order (GLO) is being sought in the High Court against World Rugby Limited, Welsh Rugby Union Limited, and Rugby Football Union. The application, which aims to compensate those impacted by neurological disorders and raise public awareness of concussive injuries in sport, involves high-profile athletes such as Steve Thompson, Phil Vickery, Gavin Henson, and Carl Hayman.
The claims, which allege permanent long-term illness and injury resulting from repeated concussive and sub-concussive injuries during training and matches, are being treated as an industrial disease, similar to claims against negligent employers for their employees' asbestosis or mesothelioma. This approach underscores the severity and widespread nature of the alleged harm.
A GLO is an order made under CPR 19.22 to manage cases effectively and economically, providing for the case management of claims which give rise to common or related issues of fact or law. However, at this time, the Court has not yet ordered a GLO for this case.
The proceedings, which began in 2023, have seen a case management hearing on 1 December, during which it was decided that it was premature to order a GLO at this stage of the Application. More time is needed to allow all parties to consider how a GLO should operate.
Relatively few GLOs have been registered compared to parties proceeding using the courts' flexible case management powers. Nevertheless, GLOs are typically used for industrial disease claims where large numbers of claimants have been impacted, but individual actions are uneconomic.
The potential implications of a GLO being granted could be significant, particularly in relation to regulation and future sporting practices. The sports law team will be following the Application as it progresses in 2024.
The Application includes four claim forms issued by approximately 295 players who allege neurological injury from playing rugby. For those interested in the list of GLOs, it can be found on GOV.UK.
It is worth noting that the Court of Appeal confirmed in Austin and others v Miller Argent (South Wales) Ltd [2011] that "far more than two claimants are necessary" for a GLO to be ordered.
Litigation involving concussion and related injuries in sports has been a significant issue, with various cases and discussions ongoing in the sports law community. To obtain the most accurate and up-to-date information, it would be best to consult legal or sports law resources directly involved in this litigation.
In the vast realm of sports, the concerns about concussive injuries extend beyond rugby, touching the field of football as well. This raises questions about the safety protocols and long-term consequences for athletes in these contact sports.
Despite the ongoing litigation primarily focused on rugby, the severity and widespread nature of neurological disorders caused by sports-related concussions call for increased public awareness and discussion across various sports, including football.
