Rugby union’s authorities have questioned the “concerning” conduct of lawyers representing hundreds of former players in a concussion lawsuit, as it emerged that former British & Irish Lions full-back Lee Byrne is part of the action.
Byrne is one of six former Wales internationals whose names were released following the withdrawal of an anonymity application by Rylands Garth, the law firm that was accused by Will Green, the ex-England prop, of being pressured to commit fraud to join the action.
The other Wales internationals whose identities were disclosed include former scrum-half Gareth Cooper, rugby league convert Iestyn Harris, back-rower Jonathan Thomas, prop Chris Horsman and women’s international Nicola Evans.
Also named were former England hooker Phil Greening, Heather Stirrup who won the World Cup with England 1994 and David Denton, the former Scotland back-rower as the full list of 394 claimants was disclosed. They are being represented by Rylands Garth, which is suing World Rugby, the Rugby Football Union and the Welsh Rugby Union over alleged brain injuries they suffered during their playing careers.
The Solicitors Regulation Authority confirmed that it was looking into Rylands Garth’s conduct after Telegraph Sport’s revelation that Green felt that he was being forced to commit fraud by joining the litigation after he obtained an independent brain scan that showed he had no signs of dementia. Rylands Garth pursued Green for thousands of pounds in legal and medical fees but lost its action after a judge ruled that its letter of engagement was “at very best, vague, muddled and highly confusing”.
Rylands Garth denies any wrongdoing, but in a joint statement rugby’s authorities say the firm’s actions through the laborious case have been a “great cause of concern.”
The statement read: “Throughout the four years this legal case has taken to date, rugby’s priority has always been the welfare of the players,” the statement read. “Whilst we cannot reach out to any of the individual players involved in legal action, what we would want them to know is that we listen, we care and we never stand still on player welfare.
“The delays in this case and conduct of the claimants’ lawyers is a great cause of concern. In the interests of the players, we urge Rylands Garth to meet all court-imposed deadlines and to present the full details of the case they are making against us. Only that way can we move this matter closer to the court hearings which will provide a resolution to this issue, which is surely in the interest of all parties.”
Since Rylands Garth announced that it intended to launch an action on behalf of former rugby union players four years ago, which has now extended to rugby league players and footballers, the action has dragged slowly through the courts. A fourth case-management hearing is scheduled at the High Court for early February, when it is hoped the judge will confirm a date for a potential trial and whether a Group Litigation Order can be filed.
Rylands Garth withdrew its application for anonymity after World Rugby, the RFU and the WRU opposed the motion. Two players have since withdrawn from the action before their names were published.
A Rylands spokesperson said: “Certain players asked for anonymity and we wanted to pursue protection as far as we believed legally possible. The governing bodies could have consented to our clients’ desire for anonymity but chose not to. Indeed, the governing bodies have contacted the media today to further alert them to this issue, which is disappointing. We continue to thank our players for their bravery in this action. We have tested over 1,400 sportsmen and women, and firmly believe that this litigation is a force for good.”
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