Rugby's landmark concussion lawsuit at risk of being dismissed after claimants make lawyer change

The landmark legal case involving more than 1,000 former rugby players from both codes and their authorities over head injuries has been thrown into chaos after the claimants’ lawyer confirmed his intention to step away from proceedings.

The ex-stars – who include 2003 England union World Cup winners Steve Thompson and Phil Vickery – launched action in 2020, claiming the neurodegenerative illnesses they were suffering with were caused by the sports they played.

In the case of rugby union, the claimants are seeking damages from World Rugby, the Rugby Football Union and the Welsh Rugby Union. In league, the defendants are the Rugby Football League. 

But the case could now be dismissed entirely after Richard Boardman, who has represented the claimants through his firm Rylands Garth, informed a London court he will stop acting on behalf of the players. 

‘I am writing to inform you and the defendants my intention is to come off the record in this litigation and I have started taking steps to do so,’ Boardman said in court papers revealed on Wednesday.

In the six years since the legal case was launched amid significant headlines, next to nothing has happened. Boardman – who is the sole director of Rylands – has been repeatedly criticised throughout the process for failing to supply enough documentary evidence. It is understood that last week, a committee of former players involved in the case voted to pursue new legal representation to replace Boardman who has insisted he’s not quit.

Boardman told Daily Mail Sport ‘he will remain on the record for the foreseeable future’.

A statement from the committee of former players said they 'unanimously agreed to terminate the instruction of Rylands Garth and to begin the process of appointing new lead solicitors. That process is now underway, subject to the usual transfer procedures and a period of due diligence.'

The committee added: 'This decision has not been taken lightly. We would like to place on record our sincere gratitude to Rylands Garth and, in particular, Richard Boardman, for the considerable time, commitment and expertise they have dedicated to this matter to date. Their work has played an important role in progressing the case to its current stage, and we remain genuinely appreciative of their efforts.

'As the case has developed in both scale and complexity, the committee concluded it is in the best interests of the claimants to appoint a firm with the resources and specialist expertise required to lead the litigation through its next phase.

'We would like to reassure the court, our fellow claimants and the wider rugby family that we believe this represents a positive step in progressing the litigation. We hope it will help provide the momentum required to move the proceedings forward as efficiently as possible and address some of the factors that have contributed to the pace of the litigation to date.

'Our focus remains unchanged: to ensure that the interests of the claimants are represented robustly and professionally, while also remaining mindful of the long-term future of both codes of rugby, for which we all continue to have enormous passion and respect. Our objective remains to secure the best possible outcome for those affected.

'As proceedings remain ongoing, it would not be appropriate to comment further at this stage.'

Leigh Day, who were appointed as a legal consultant to Rylands earlier this year, could now take over as a replacement for Rylands Garth. Leigh Day previously represented gymnasts in a lawsuit against British Gymnastics. 

‘They (Leigh Day) are currently engaging in a period of due diligence in order to decide whether they would be in a position to take over subject to the clients’ agreement,’ Boardman said. 

‘I will ensure there is an orderly handover to ensure the court can have confidence that this litigation will be conducted as it would expect going forward.’ 

The court document read: ‘This change of solicitor on the record not only demonstrates how seriously the claimants take the criticisms levelled at them, but that there will be a completely different regime going forward in which both the court and the defendants can have full confidence.’ 

What happens next remains unclear. The former players such as Thompson and Vickery are now in limbo and more than half a decade on from when the litigation was first launched, there is still no sign of a definitive outcome.

Saracens and England wing Noah Caluori is set to miss the start of the 2026/27 season after undergoing wrist surgery.

Caluori made his international debut against Fiji earlier this month after a breakthrough campaign, one that must now be considered all the more impressive after it emerged he had been playing with an injury for some time.