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…

In Defence of Rugby’s Disciplinary Process

Rugby’s disciplinary process has come in for a lot of criticism this week; much of it undeserved. The controversies of Owen Farrell’s high tackle and the punch-up between Siale Piutau and Andrew Kitchener in the Gallagher Premiership have dominated the…

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 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…