"Senior Master Jeremy Cook started the latest round of case management hearings by reminding both the defendants and the claimants that it won't have escaped anybody's notice that some of these claims are now over five years old, and we haven't made much progress. Since the cases involve claims of degenerative brain diseases, Cook said, time is at a premium."
"Cook said that the case was unique and as such requires utmost cooperation between the parties instead of the usual sort of kickabout between them. Despite that, Matthew Phillips KC, representing the claimants, warned that the case is probably headed for an almighty battle in August over the ongoing issue of whether or not the claimants have complied with their disclosure obligations."
"Many of the claimants in the rugby league case in particular have been living with the grim possibility that after all this time their claims may yet be struck off if their legal team cannot satisfy the court that they have complied with the judge's onerous order to disclose all available medical records to the defence, a process which, Phillips says, will take at least two years and millions of pounds."
Senior Master Jeremy Cook is managing pretrial proceedings for two landmark rugby litigation cases involving degenerative brain disease claims. He expressed frustration that cases over five years old have made minimal progress, emphasizing that time is critical given the nature of the injuries. Cook ordered both sides to submit written updates and identify 28 lead claimants from hundreds of cases by October, with these eventually narrowed to represent the entire group. The judge stressed the cases require unprecedented cooperation between parties. A significant dispute looms regarding claimants' compliance with disclosure obligations, particularly in rugby league cases, where failure to satisfy disclosure requirements could result in claims being struck off despite years of litigation.
#rugby-litigation #brain-injury-claims #pretrial-proceedings #disclosure-obligations #case-management
Read at www.theguardian.com
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