Brain injury claims brought by former footballers and the family of England World Cup winner Nobby Stiles (pictured above) have had their first day in court. The High Court heard today that the case, over alleged harm caused by heading the ball, involves ‘almost 19 [claimants], formally 17’. It is expected that the number ‘will grow probably quite considerably and be in the region of 50 to 75’.

The case against the International Football Association Board, the Football Association, the Football League Limited, and the Football Association of Wales follows litigation against World Rugby Limited, Welsh Rugby Union Limited and England’s Rugby Football Union over brain injuries. 

However the parties in the football claim clashed over the relevance of the rugby case. Jonathan Darby, for the claimants, described the litigation as ‘one of three strands’, a claim Martin Porter KC, for D2, said the defendants ‘strongly resist’.

Porter added: ‘As far as I am concerned, this is the litigation. I do not want to be dragged into litigation that involves a completely different game. [It is] not going to be the same allegations as those made against rugby authorities. This is largely about heading the football, a concept completely alien to rugby.’

That was ‘simply not the case’, Darby countered. 'There is a very high degree of complicity both in features of the claim in medical issues in all three strands. All of these claims concern brain injuries as a result of playing contact sport. All allege breach of duty.’

He said causation was ‘highly likely to be similar’.

The half-day hearing in the Royal Courts of Justice was held to hear an application for extension of time to serve the particulars of claim.

Steven Snowden KC, for The Football Association of Wales, said: ‘It is so important to bear in mind this is not a CMC. This is the claimants seeking the court's indulgence for being late. They had four months to serve claim forms and they did not. They have put forward some reasons and we, for today,…are content to accept to give them a bit of time.’

Master Stevens said: ‘I made it clear at the outset for the time being this claim is going to be case managed separately from the rugby litigation. At the moment there is a lack of information.' She told the court she was ‘concerned pre action protocol has not been followed’ and that parties were now ‘playing catch up’.

A further case management hearing will be heard in the spring.

 

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