A high-profile legal battle involving over 1,100 former rugby players has hit a major procedural problem — and the court isn’t holding back.
In a recent hearing, Senior Master Cook sharply criticised solicitor Richard Boardman of Rylands Law for what he described as “serious and widespread” disclosure failings, particularly in the handling of medical records (Law Gazette, July 2025).
Boardman is representing ex-players in group litigation against rugby’s governing bodies over long-term brain injuries.
So, what went wrong?
According to the judge, roughly 90% of the claims lacked proper disclosure of medical records. Some files were missing entirely; others were disorganised and poorly structured. The court had set clear expectations, but the documents submitted were described as “chaotic” and failed to meet basic procedural standards.
Even more concerning, the solicitor misunderstood disclosure rules — providing only documents he believed supported the claim, instead of everything relevant. That’s a major misstep, especially in group actions where medical evidence is central.
Why does it matter?
In cases involving brain injury — or any complex personal injury claim — full medical disclosure isn’t just a formality. It’s the backbone of the litigation.
Without accurate and comprehensive medical records, courts can’t properly assess causation, prognosis, or the impact of injury. In this rugby group action, the missing or disorganised records threatened the entire credibility of the claims.
From imaging and neurological assessments to GP notes and psychiatric evaluations, complete, court-ready evidence is essential. When it’s missing or mishandled, the case weakens.
The judge stopped short of striking out the claim, acknowledgeing the seriousness of the underlying issues for the players involved and gave the firm a chance to fix the problems.
Comment from UKExpertMedical
In any litigation, especially those involving complex injuries, medical disclosure must be both thorough and timely. Without a complete evidential foundation, even well-founded claims risk derailment.
Legal teams must fully understand and meet their procedural obligations, particularly around expert evidence and medical documentation. As this ruling shows, courts are prepared to act when expectations aren’t met — and the consequences can be significant, both financially and reputationally.
At UKExpertMedical, we support law firms involved in complex personal injury and group litigation with clear, reliable, and fully compliant medico-legal reporting. Our in-house team and panel of experts help ensure that every report meets evidential standards — giving your case the best possible foundation.
Have a question?
