Lawyers representing those organizations wanted cases involving 377 players in the union and 153 in the league to be struck out.
In a ruling on Friday, Senior Master Cook said that while he would have dismissed the claims, he decided “with some hesitation” that they should proceed to trial, subject to “conditions” to be decided at a later hearing.
He went on to say that there were “exceptional circumstances” in the case and that it had a “particular element of public importance which went beyond the individual claims”.
He said: “This litigation has the potential to have a major impact on the way one of our national sports is run at amateur and professional level.
“Of course, I recognize the countervailing public interest in litigation being conducted efficiently.”
He continued: “I acknowledge the delay and unnecessary expenses caused to date, but this delay can be remedied in the future through strict case management and unnecessary expenses can be offset in costs.”
In July it was announced that lawyer Richard Boardman, who had represented the claimants through Rylands Garth, would no longer act for the former players.
KP Law has taken over the case and Senior Master Cook stated: “The Court can take comfort from the fact that the claimants will no longer be represented by Rylands Garth.
“Had Mr. Boardman remained the attorney leading this litigation, he would not have had any confidence that future court orders would be served on time or at all.”
But he stated that the breaches of court orders were not caused by the players themselves, adding: “Given the vulnerability of many of these plaintiffs, it could be argued that they should not be punished for the sins of their legal representative.”
Former Wales international Alix Popham said in a witness statement: “I would like to make it clear to the court that neither the committee nor the underlying claimants have been adequately informed of the deficiencies in our representation.”
He went on to say that the plaintiffs “received numerous assurances from Rylands Garth/Boardman about the progress of the case” and that “it was only by speaking directly to the attorney that we became aware of some of the risks involved and the need to change attorneys.”
In 2024, players’ lawyers were asked to disclose medical reports and documents, including neuropsychological evaluations and brain scans of players, to governing bodies.
In July last year, the High Court made new orders relating to the disclosure of documents, meaning claims could be dismissed if not met.
The players then lost an appeal against the July 2025 order, with a High Court judge saying it was made after a “serious erosion of the confidence which the court could safely place in the way the disclosure process had been carried out”.
But lawyers for the governing bodies said the 2024 orders had not yet been complied with in several cases, meaning just under 500 cases would need to be dismissed before a trial.
William Audland KC, representing rugby league bodies, said in written submissions that the failure to comply with court orders was “systemic and without good reason”.
But Susan Rodway KC, for the players, told the court in written submissions that the breaches were “neither serious nor significant” given the “context of this complex and documentary-voluminous litigation”.
He also said the change of law firm meant that in future there would be a “completely different regime in which both the court and the accused can have full confidence”.
England rugby world champions Steve Thompson, Mark Regan and Phil Vickery and former Wales internationals Colin Charvis, Gavin Henson, Ryan Jones, Lee Byrne and Popham are among the high-profile former players involved in the case.
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