Confused path to rules of combat

TRYING to obtain an even rough timetable over the class action being taken by players claiming negligence over concussion and brain injuries has been difficult to say the least but I have been busy on your behalf ringing around various interested parties.

- BRENDAN GALLAGHER

It seems that February 4-5, 2025 is inked in as the next key milestone. That’s when a High Court judge will decide in open court what is called a group litigation order which if I understand correctly is basically the rules of engagement for the bigger, decisive court hearing. How the matter will be dealt with and who precisely is being accused of negligence.

Before that there will be meetings between lawyers acting for the claimants and lawyers acting for the Unions and World Rugby – who could find themselves in the firing line – to choose a representative cross section of the 392 claimants that will be used as the prima facie cases going forward. i.e. between 30 and 40 individuals whose cases will be considered – not the mind boggling 392 – although any definitive ruling for or against will be applied to all 392 claimants. This is for example how the Volkswagen dieselgate class claim was handled.

This, on the surface, would seem refreshingly sensible and is not dissimilar to a proposed way forward I suggested in this column recently.

It does however also have the potential to be an extremely fractious process and the case management conferences now taking place could be interesting to say the least. Indeed I would suggest this is the game right here and now. Just as the fight to determine the composition of a jury is vital in many criminal prosecutions, the identity of those appearing in the Group litigation could be crucially important.