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…

Lockdown Disciplinary Sanctions: Joseph, Stooke & Oghre

On 11 February, Jonathan Joseph, Elliott Stooke and Gabriel Oghre were sanctioned by the RFU for breaching the UK Government’s COVID-19 regulations and rugby’s COVID-19 Minimum Operating Standards. In what is now rugby’s second COVID-19 disciplinary case (see previously the…

The Moratorium on Premiership Relegation: A Legal Perspective

On Friday 12 February, the RFU Council approved a moratorium on relegation from rugby’s Premiership for the 2020-21 season. Citing the impact of COVID-19, the decision has been taken with the financial stability of the Premiership clubs in mind, with…

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…

The Case of 13 Barbarians

On 8 December 2020, an independent RFU disciplinary panel (the “Panel”) chaired by Phillip Evans QC handed down its decision (the “Decision”) in the case of the 13 Barbarians players charged with breaching COVID-19 protocols. The players’ actions had resulted…

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…

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…