Concussion in sport: What governing bodies need to learn from Will Pucovski’s retirement and ongoing litigation

Concussion in sports is facing unprecedented scrutiny, with governing bodies under pressure to respond to the growing legal, medical, and safeguarding implications.

In April 2025, Australian cricketer Will Pucovski announced his retirement from professional cricket at just 27 years old, citing persistent symptoms from at least 13 concussions sustained during his career. He says he has been deeply affected in his everyday life by the ongoing effects of those concussions and will not play cricket again at any level.

His decision has sent ripples through the sporting community, acting as a stark reminder of the risks associated with repeated head trauma, even in sports not traditionally associated with high concussion rates.

For governing bodies, revisiting their legal duties, medical protocols, and wider safeguarding responsibilities is a high-profile prompt. There may be some who believe their sport is safer than others in this respect, but in my experience, the ongoing litigation and knowledge development in this area demonstrate it would be unwise to make that assumption in any sport. We are likely to see a continued increase in concussion-related illness and associated legal claims across the sport.

The issue continues to be the subject of intense legal and medical scrutiny, particularly in England and Wales, where high-profile litigation is underway. Several hundred former professional rugby and football players have joined the claims against governing bodies, alleging that insufficient action was taken to protect them from the long-term consequences of concussive and sub-concussive blows.

Welsh international rugby player Alix Popham’s story

Notably, former Wales international Alix Popham, diagnosed with early-onset dementia in 2020, is among the claimants. His case exemplifies the serious long-term health risks associated with repeated head trauma in contact sports and underscores the urgency for governing bodies to implement effective safeguarding measures.

Whilst that case has been plagued by procedural disputes, delaying matters so that trial may not be listed until 2027, the pace of change before then needs to be significant if governing bodies are to ensure that they are mitigating the risks of similar claims and, moreover, that they are doing the best for their participants at all levels to keep them safe. Governing bodies need to sit up and prioritise consideration of this issue now.

As always, the duty of care standard will change over time and be influenced by what we know (or ought to know). Therefore, this should be a standing item for NGBs to consider regularly, and certain risks should form part of that discussion.

Key legal risks for governing bodies to address

Education and awareness of concussion protocols in sport

One area of potential liability is the adequacy of education provided to athletes, coaches, and medical personnel. Governing bodies should ensure that up-to-date, evidence-based information is disseminated across all levels of sport. Consistent communication around concussion symptoms, return-to-play protocols, and the risks of second-impact syndrome is essential.

Implementing medical protocols and keeping concussion records

NGBs should ensure that robust protocols are not only in place but also consistently implemented. Those will vary according to sport and risk but might include (for example) the use of independent medical assessments. Retaining clear, contemporaneous medical records may also become a focus point in future litigation.

Rule changes to reduce concussion risk in sport

Where rule changes have been made to reduce the incidence of head injuries (e.g., tackle height reductions or heading restrictions), governing bodies must demonstrate that these changes are based on evidence and are being enforced.

Safeguarding against concussion

A wider safeguarding lens is increasingly applied to concussions, particularly in youth and amateur sports. Governing bodies should consider whether concussion-related policies are integrated into safeguarding frameworks and how complaints or concerns are escalated.

Reviewing insurance and indemnity

With ongoing litigation likely to be closely watched, governing bodies should review their insurance cover, including the extent of cover for past acts, omissions, and claims arising from systemic failures.

What the future holds for concussion litigation in sport

Whilst these legal actions are not yet resolved, they likely set important precedents in how care duties in sports are understood and applied and how they change over time.

All governing bodies want to ensure safe participation from grassroots to elite levels. They want to protect all members and the sport as a whole. A proactive approach, grounded in transparency, athlete welfare, and medical best practices, will serve both the governing body and its wider sporting community.

Our sports law team continues advising governing bodies and stakeholders on the evolving legal framework around concussion and brain injury in sports and policy development and implementation.