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Rugby union authorities have questioned the “concerning” conduct of lawyers representing hundreds of former players in a concussion trial, as it emerged former British and Irish Lions full-back Lee Byrne was part of the action.
Byrne is one of six former Wales internationals whose names have been revealed following the withdrawal of a request for anonymity by Rylands Garth, the law firm accused by Will Green, the former England prop, of having suffered pressure to commit fraud in order to join in the action.
Other Welsh internationals whose identities have been revealed 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 are 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 contenders was leaked. They are represented by Rylands Garth, who 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 Regulatory Authority has confirmed it is investigating Rylands Garth’s conduct after Telegraph Sports revelation that Green felt compelled to commit fraud by joining the litigation after obtaining an independent brain scan that showed he had no signs of dementia. Rylands Garth sued Green for thousands of pounds in legal and medical costs, but lost his action after a judge ruled his undertaking letter was “at best, vague, confusing and very confusing”.
Rylands Garth denies any wrongdoing, but in a joint statement rugby authorities say the company’s actions in this protracted matter have been a “great cause for concern”.
“During the four years of this legal case, rugby’s priority has always been the well-being of the players,” the press release reads. “While we cannot contact any of the individual players involved in legal action, what we would like them to know is that we listen to them, that we care about their well-being and that we will never stand inactive.
“The delays in this case and the behavior of the plaintiffs’ attorneys are a cause for great concern. In the interests of the players, we urge Rylands Garth to meet all court-imposed deadlines and present full details of the case they are presenting against us. Only in this way can we bring this matter closer to court hearings, thereby resolving this issue, which is certainly in the interests of all parties.”
Since Rylands Garth announced plans four years ago to launch an action for former rugby union players, which now extends to rugby league players and footballers, the action has slowly dragged on before the courts. A fourth case management hearing is planned at the High Court in early February, where it is hoped the judge will confirm the date of a possible trial and whether a class litigation order can be filed.
Rylands Garth withdrew his request for anonymity after World Rugby, the RFU and the WRU objected to the motion. Two players have since withdrawn from action before their names were released.
A Rylands spokesperson said: “Some players requested 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 do so. Indeed, the governing bodies today contacted the media to alert them further on this subject, which is disappointing. We continue to thank our players for their courage in this action. We have tested more than 1,400 athletes and are convinced that this litigation is a force for good.
