Hundreds of former rugby players pursuing claims for alleged brain injuries faced the loss of their cases this summer after repeated failures to disclose medical evidence. In August 2026, the High Court granted conditional relief from sanctions, allowing the affected claims to continue if strict requirements were met. An October hearing added significant costs and deadlines. The decisions do not establish whether the rugby authorities were negligent, but they demonstrate something relevant to any serious injury claim: medical evidence must be gathered, assessed and disclosed properly, and court orders must be followed.
What’s happening in the rugby brain injury litigation
The litigation began in 2022 and involves approximately 1,000 former players across rugby union and rugby league. Nearly 800 union players, including England’s 2003 World Cup winners Steve Thompson and Phil Vickery, have brought claims against World Rugby, the Rugby Football Union and the Welsh Rugby Union. More than 300 former rugby league players are pursuing claims against the Rugby Football League and the British Amateur Rugby League Association. They allege that repeated concussive and sub-concussive impacts led to neurological injuries, including early-onset dementia and other conditions, and that the governing bodies failed to take reasonable protective measures.
These remain allegations, not findings of fact. The defendants deny liability, dispute whether the duties alleged were owed or breached, and challenge the medical evidence linking individual conditions to rugby. They also raise questions about the accepted risks of participation. The High Court’s recent judgments concern the handling of evidence and the progress of proceedings, not a decision on responsibility or compensation. Nor does an allegation of chronic traumatic encephalopathy establish that a living player has that condition; diagnosing it definitively remains difficult.
Why the case nearly collapsed this summer
Orders made from June 2024 required the claimants’ lawyers to disclose records from neurological testing, including interviews, brain scans and relevant assessments. Further orders with automatic strike-out consequences followed in 2025. By mid-2026, the defendants said substantial material was still missing and asked the court to confirm that more than 500 claims had been struck out. The central problem was procedural compliance with disclosure orders, not a judicial finding that the former players’ injuries were fabricated or that their claims lacked merit.
On 21 August 2026, reports stated that Mr Justice Jeremy Cook ruled in favour of allowing the affected claims to continue. The judgment was delivered by Senior Master Jeremy Cook, who found that 377 rugby union claims and 153 rugby league claims stood struck out under earlier orders, but granted relief from sanctions in principle. He regarded the individual players as blameless for their former lawyers’ failures and required outstanding disclosure and payment of the defendants’ enforcement costs. At a further hearing on 2 October, those costs were reported at over £2.8 million, with an immediate payment on account exceeding £1.5 million ordered. The proceedings remain subject to strict conditions, and the substantive allegations are unresolved.
Why medical evidence is so central to a claim
Medical evidence performs three important functions in a personal injury case. First, it helps establish causation: whether the incident or negligence caused the injury complained of. Second, it explains diagnosis and prognosis, including symptoms, recovery prospects and likely future difficulties. Third, it supports valuation by showing how the injury affects work, care, independence and everyday life. For a spinal injury, an amputation or a brain injury, future rehabilitation and support needs can be as significant as immediate treatment.
Medical reports used as expert evidence in civil proceedings are governed by Part 35 of the Civil Procedure Rules. The expert’s overriding duty is to assist the court objectively, not to argue for the person paying for the report. The court controls which expert evidence can be relied upon, and properly reasoned opinions must acknowledge relevant uncertainty. Clinical records and independent expert reports serve different purposes, but both may be essential.
What good medical evidence practice looks like
A relatively straightforward injury may need only one expert. Life-changing injuries often require several specialists to assess different physical, psychological and practical consequences, with the court’s permission where proceedings are under way.
| Type of expert | What their evidence typically establishes |
|---|---|
| Orthopaedic surgeon | Musculoskeletal injuries, treatment and likely recovery |
| Neurologist or neuropsychologist | Neurological symptoms, cognitive function and longer-term effects |
| Psychiatrist or psychologist | Psychological injury, including PTSD or depression, where clinically supported |
| Care or occupational therapy expert | Future support, equipment, adaptations and care requirements |
| Employment or vocational expert | Effects on employability, retraining and future earning capacity |
The rugby proceedings show why delays in gathering and providing records can threaten a case even when the injured person has done nothing wrong. Attend reasonable assessments, describe symptoms and earlier medical history accurately, and respond promptly when your solicitor requests records or authorisations. Keep a diary of symptoms, treatment and practical limitations, and retain relevant correspondence. The Personal Injury Pre-Action Protocol encourages early information exchange, although different protocols may apply depending on the type and value of the claim. Full disclosure and compliance with court deadlines remain essential once proceedings begin.
Time limits and funding
In England and Wales, most adult personal injury proceedings must start within three years of the accident or a later date of knowledge, subject to exceptions, including for children and people who lack capacity. We handle eligible claims on a no win no fee basis. If your claim isn’t successful, you won’t pay us anything. If it is successful, our fee is 20% plus VAT (24% in total), taken from the compensation you receive for your pain and suffering and for financial losses up to settlement. We never take a fee from compensation for future losses, such as future care or loss of earnings, and nothing else is deducted from your compensation. We’ll confirm all of this in writing before your claim starts. Read why accident victims shouldn’t accept an offer before speaking to a lawyer, particularly before your long-term prognosis is clear.
Frequently asked questions
Here are answers to common questions about medical evidence in personal injury claims.
Who chooses the medical expert?
Your solicitor generally arranges appropriate experts. A single joint expert may be instructed where proportionate, particularly in less complex cases, but the court can allow separate specialists where necessary.
What if I disagree with what the medical report says?
Tell your solicitor about inaccuracies or overlooked evidence. Clarification questions can sometimes be sent to the expert. A further report may be appropriate, subject to the court’s rules and permission.
Can my claim be delayed if there’s a problem getting medical evidence together?
Yes. Missing records, postponed appointments or failure to comply with directions can delay proceedings and potentially lead to sanctions. The rugby litigation demonstrates how serious those consequences can become.
Do I need more than one medical report for a serious injury?
Often. A complex injury may require separate reports addressing physical injury, cognition, psychological effects, care needs and your ability to work, depending on the issues in dispute.
Will I have to attend a medical examination?
Usually, at least once. Additional assessments may be needed for different specialisms. Your solicitor should explain their purpose and help you prepare to provide an accurate medical history.
Talk to Mark Reynolds Solicitors
Timely, independent medical evidence helps explain what an injury has changed and what support may be needed in future. Mark Reynolds Solicitors can help obtain appropriate reports, coordinate evidence and assess your claim without rushing settlement before the longer-term effects are understood. We assist clients throughout England and Wales and offer eligible claims on the funding terms explained above. Contact our team for a free, no-obligation conversation. Our offices are in Liverpool, Runcorn and Warrington.