Background
The case involved around 1,000 former rugby players alleging that repeated head injuries suffered during their careers caused serious neurological conditions. The claimants were required to provide medical records and neurological testing information by court-ordered deadlines.
The Issues
The Court considered whether claims should be struck out where claimants had failed to comply with unless orders, and whether they should be granted relief from sanctions, particularly where the failures were attributed to their solicitors.
Held
The Court confirmed that the relevant claims had been struck out for non-compliance, however, the Court was prepared to grant relief from sanctions subject to various conditions. The key point was that one of these conditions was payment of the defendants’ costs, notwithstanding that QOCS would normally apply.
Comment
The decision highlights the importance of complying with court orders, particularly unless orders, and the serious consequences of failing to do so. If relief from sanctions is sought then claimants may be required to pay costs even though QOCS would normally apply. The claimants were then faced with a difficult decision - they could only continue with their claim if they paid the defendant costs.
See a copy of the judgment here: Hughes & Ors v World Rugby Ltd & Ors [2026] EWHC 2149 (KB]
https://www.bailii.org/ew/cases/EWHC/KB/2026/2149.html