Concussion Litigation in Rugby – Part II: Breach of Duty

1. Introduction This article is the (long overdue) second part of a series of articles on the concussion litigation in rugby union, which was instigated in December 2020 by a group of former professional players against the Rugby Football Union…

Concussion Litigation in Rugby – Part I: Duty of Care

1. Introduction In December 2020, legal action was instigated by a group of former professional rugby players against the Rugby Football Union (“RFU”), the Welsh Rugby Union (“WRU”) and World Rugby, the sport’s International Federation. A pre-action letter of claim…

On the Ball: The Rugby Union Conference

Today is the first day of On the Ball: The Rugby Union Conference! I am very excited to be co-hosting this virtual, free event along with Steven Flynn of Kings Chambers. For full details of the event, including the schedule…

World Rugby’s High Tackle Framework – An Update for 2020

In May 2019, World Rugby published its Decision-Making Framework for High Tackles (the “Framework”). It was intended as a “systematic tool” to guide decision-making by referees, citing commissioners and disciplinary panels as to the appropriate sanction for potential acts of…

How Rugby Union is Responding to Covid-19: a Legal Update

The COVID-19 pandemic has created a plethora of legal and administrative hurdles for sport worldwide, and rugby union is no exception. Existing fault-lines have come sharply into focus, as tensions have been exacerbated between the game’s stakeholders and discontent has…

A Review of The Myners Review – Part I

On 14 May 2020, Premiership Rugby published the report of the independent review of the Premiership Rugby Salary Cap Regulations (the “Regulations”), conducted by Lord Myners. Publication of the report, commissioned by Premiership Rugby in December 2019, followed an open…

Matt Hankin v Saracens: Concussion, Causation and Clinical Negligence

For the second time this season, Saracens Rugby Club (“Saracens”) is defending legal proceedings. First it was for breaches of the Premiership Rugby Salary Cap Regulations in front of an independent disciplinary panel (discussed here); now it is in the High…

The Legal and Regulatory Difficulties of Re-Scheduling the Season (Part I)

The Coronavirus pandemic has brought sport to a stand-still globally. Many competitions have been postponed, and many have been cancelled altogether. Most elite professional rugby competitions have been postponed, including the English Premiership, the Pro14, the Champions Cup, the TOP14,…

The Gabrillagues Ban: Grounds for Appeal?

On Tuesday 20 August, World Rugby announced that France second-row Paul Gabrillagues (the “Player”) had been handed a six-week suspension for foul play in the France vs Scotland match on Saturday 17 August. The player appeared before an independent World…