The man leading the multimillion-pound brain injury lawsuit representing hundreds of rugby players is under investigation from the Solicitors Regulation Authority after a former England international claimed in a submission to court that he felt pressured to lie about having dementia.
In a case this month, that has raised questions over how Richard Boardman recruits players to join the lawsuit brought by his firm, Rylands Garth, against World Rugby, the Rugby Football Union and the Welsh Rugby Union, the former Wasps prop Will Green was unsuccessfully sued for legal and medical costs after refusing to join the group action.
Rylands Garth had sued Green over an alleged breach of contract despite an independent brain scan contradicting a diagnosis of early-onset dementia obtained by the firm. Green told the Daily Telegraph that he feels “pretty abused” and said that joining the landmark litigation “would have perpetrated a fraud”.
The Rugby Players’ Association has backed Green, who won four England caps, for speaking out and urged any other players in a similar position to reach out after the former front-rower told the court: “I just think they have behaved appallingly and I would go as far to say that I am not the only person involved in this.”
A statement from the players’ union read: “The RPA is extremely saddened by the reported cases of early-onset dementia amongst former professional players. For understandable reasons, the RPA cannot comment upon the former players’ legal action against World Rugby, the RFU and WRU.
“Following the news regarding the experiences of Will Green, who we commend for bringing this issue to light, if there are current or former elite players affected or with concerns more generally regarding their brain health, we would encourage them to contact the RPA on a confidential basis.”
Meanwhile, the SRA is considering its course of action after Green accused Boardman of multiple breaches of its code of conduct. The SRA said in a statement: “Following additional information in the court case, we can confirm that we will be looking into this before deciding on next steps.”
Green had been suffering from migraines and told the court he accepted the offer of a scan from Rylands Garth on the understanding it was a “no win, no fee” basis. Green said he was informed in a Zoom call by Dr Steven Allder that he had early-onset dementia but no supporting documents were provided, it was claimed. Green eventually sought a second opinion from a Harley Street specialist after more than a year of “stress, anxiety and sleepless nights”, which he said found no sign of brain damage.
Green reported that back to Rylands Garth but said the firm continued to pressure him into signing up to the case. “To do so would have perpetrated a fraud on the court because the claimant’s medical experts’ diagnosis was found to be wrong,” Green told the court.
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Green was then sent bills by Rylands Garth for around £5,500 for tests that he said had cost only £1,600 at the clinic he visited. Tests are offered free by the RFU, Premiership Rugby and the RPA. A judge dismissed Rylands Garth’s claim.
Rylands Garth represents 295 former professional and amateur players including the World Cup winners Steve Thompson, Phil Vickery and Mark Regan. A spokesperson for Rylands Garth said: “We welcome the SRA looking into this matter. We have provided detailed paperwork to all players who have approached us about undertaking advanced tests and scans when concerned about their health. In several hundred cases the players were given the all-clear, so did not join the proceedings nor did they pay anything for the testing.”
