Source: Ash Goodchild @AshSportsPhoto

A Landmark Court Case

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On 18-19 March a lawsuit will come before the High Court in London that will have an overwhelming effect on the game of rugby union as we know it.

The matter concerns alleged brain injuries caused by the game. Around 800 people have added their names to the list of complainants. The debate will turn on who bears the responsibility for any injuries sustained, the organising authority (through lack of care) or the player (who accepts the risk).

The defendants are World Rugby, the RFU and WRU.

Rugby is obviously one of the leading contact sports, but Rugby League and Football are facing likely actions too.

The matter is so complex that it has been developing for at least four years already.

Two judges, Judge Jeremy Cook and Judge Dexter Dias, have been dealing with preliminary matters, the so-called “case- management phase”.

It is expected that the case will be heard by Mrs Justice Lambert (aka Dame Christina Lambert DBE).

A few things we already know

A. The case will be heard by the judge alone. There will be no jury.

B. The verdict will have enormous repercussions. At one extreme it could mean the end of the game as we know it.

C. The costs will be gigantic.

D. The CE of World Rugby, Dr Brett Robinson, happens to be not only an ex- Wallaby but also an Oxford PhD in Clinical Orthopaedics.

E. In the past couple of weeks there have been two big events in rugby. First, representatives from all over the world met in London as part of World Rugby’s “Shape of the Game” forum.

And the combined forces of the RFU and its constituent branches met to reshape the game in England.

F. The BBC has just announced the launch of a series, led by Ben Youngs, on the topic of neurological injuries in rugby.

None of these last three matters will have had any direct bearing on events in the High Court.

We wait in suspense.

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