As the sport of rugby union faces its greatest trouble ever, why do I get the feeling that the people who run this sport just aren’t ready or willing to face up to what might well be an existential crisis for them and the sport in general.
Yesterday’s news that 378 former professional rugby union, rugby league and football players are now suing the various governing bodies down south was not unexpected, and I strongly anticipate that the number will grow and clubs will be added to the list of those being sued by people who are suffering everything from premature senile dementia to Alzheimer’s and Parkinsonism – I remind readers that I have been diagnosed with Parkinson’s Disease and cannot rule out the possibility that it is a legacy of my playing years when I suffered several concussions and played on regardless.
The number taking action in rugby union has grown to 169 with the latest high profile ex-player to sue the governing bodies being 47-year-old British and Irish Lions winger Dafydd James, capped 48 times for Wales and now suffering premature dementia and possible chronic traumatic encephalopathy (CTE) which is brain damage usually caused by repeated concussions. His testimony on the BBC yesterday was both heartbreaking and anger-provoking because his condition could have been prevented many years ago.
I am told the court cases were a topic of much discussion between the blazerati of both countries when the women of Wales met Scotland at Murrayfield at the weekend – and can I just say how courageous our women were in defeat, and they are continuing to make progress and will get their just rewards.
The SRU’s attitude seems to be to wait and see what happens to World Rugby and the Welsh and English unions but I think they should be planning for a major crisis, moral and financial, coming their way.
Since players who played here under the auspices of the SRU cannot join the class actions covering England and Wales, a separate Scottish damages claim is inevitable under Scots law. I suspect a number of lawyers are even now advising former professional rugby players in this country as to their options.
Note the word professional – as is so often the case, players at the grassroots of the game will have to fend for themselves without access to costly lawyers and neurosurgical experts. At the moment it’s the professional players leading the way but I know of several amateur players standing by to see what emerges – after all, brain damage doesn’t discriminate between professional and amateurs.
I suspect a case will be taken out by Scottish ex-professionals jointly against the SRU and World Rugby probably on grounds of negligence in which case the issues to be settled in court will be extensive and complex. From personal experience from my time as a court reporter and legal affairs editor, Scottish judges do not like to see civil cases previewed in the press, and they certainly don’t like any details emerging before they sit in judgement. So I emphasise that what I’m writing is pure speculation and not based on any knowledge of any of the details of the possible Scottish court actions.
The pursuers, i.e. the ex-players, will want to know when the defenders, i.e. the SRU and world rugby, first knew when concussions sustained by players could lead to brain damage. What was done back then to alert people to the dangers? The next question will be why it took so long for the governing bodies to take action to prevent brain damage, such as the current tough laws on head tackles, which in my opinion are fully justified.
I would remind both pursuers and defenders that going to litigation is always problematic, and there is no guarantee that you get the result you’re looking for.
I think it would be much more sensible for World Rugby to take an overarching view of the situation and be both genuinely compassionate and concerned about former players now suffering from dementia and other brain damage.
It should not be up to individual players to prove in court that their conditions were caused by rugby. It should be sufficient for them to prove provide evidence that they suffered concussions in the course of their playing career.
World Rugby must then take a leaf out of the National Football League’s book and create a fund to compensate damaged players, because one thing I am certain of is that the various insurance companies will run a million miles from paying out and the litigation on the cash compensation will go on for years.
The morally correct thing to do is for the governing bodies and clubs and players and fans to unite to raise money in a transparent and operable scheme to compensate those damaged by the sport we all love. And to those who say such a wonder could not be achieved I reply with just two words – Doddie Weir.
