Jeff Probyn column: Shadow of court cases hangs over new season

Usually when we get this close to the kick-off of a new season there is an air of anticipation of all the great games that lay ahead – but not this time. Instead of thinking of the games, we are confronted by a tail-wagging-the-dog situation with Premiership Rugby chief executive Mark McCafferty seeking a change in the global season that is best for his competition.
Nothing wrong with that because it is his job to seek out what is good for his employers, but by trying to pressurize the Union into agreeing to what the professional game wants, it could damage the whole of the sport. Any such change would have an impact across a whole spectrum of rugby events throughout what is now an historical programme that is fixed in the sporting calendar.
Surely if there is to be a major change in the structure of the season then it should be a question for the whole game to answer at a special general meeting of the Union so that, as McCafferty said, all the games stakeholders, rather than the chosen few, have a chance to air their views.
Currently the global season should be the last thing on the minds of the clubs and the Union with both under a threat that has been slowly bubbling away just waiting for someone to bring it to the surface.
Cillian Willis’ legal action against Sale rugby club for clinical negligence has possibly massive repercussions for the game and could be the pebble that starts an avalanche of similar claims.
The details of Willis’ case are not for this article to argue either way but the fact that the scrum-half  was prevented from pursuing his career as a result of a concussion injury sustained while playing could open the door for claims against clubs at any and all levels.
Willis was twice treated for a head injury in a game with Saracens in March 2013, but was allowed to keep playing.
The 31-year-old was later substituted in the 49th minute of the match.
The former Ireland Under-21 scrum-half being replaced,  a cousin of former Ireland captain Brian O’Driscoll, made 31 appearances for Sale after joining the Premiership side from Leinster, having previously played for Ulster and Connacht.
The fact that rugby is a physical game where you can sustain life changing injuries is known to all and is, to a certain extent, an accepted risk that all take when they participate in the game.
Most of us tend to think of the catastrophic injuries like broken necks which have an instant life changing
consequence, but it is the more insidious unseen injuries that could be a game changer. However, now the game is professional, the Union and the clubs have put more effort into identifying and minimising those risks thereby tacitly accepting they knew the potential consequences.
This is not a generous act by either but is a response to the success of legal actions taken in America by NFL players who successfully sued the sport for millions of dollars in compensation.
The thing is, the action was not limited to current players but for a number of previous generations who had suffered injuries that became apparent only a number of years after they stopped playing.
In a rugby context this could include players who, though not employed by clubs, were paying members using facilities and playing the game under the guidance and laws as laid out by the IRB (World Rugby). Although Cillian’s injury is one to the head there are many injuries which subsequently have debilitating consequences for their sufferers.
It is interesting how club coaches have tried to shift the blame for players returning to the pitch after injury to the medical teams when it is usually a coaching decision as to who remains on the pitch.
Any compensation Willis may get would be based on how much longer he had as a professional player which, although still a substantial sum, would be nothing compared to an amateur player who was unable to continue in his professional career.
For those who have not been able to continue in their professional career, even if it was not as a professional rugby player, there could be an option to pursue a legal action for compensation against their clubs.
The RFU recognised this risk a few years ago and recommended that all clubs become limited companies to protect the officers (chairman, secretary etc) from what was unlimited liability should anyone sue their club.
It is not just the little clubs; even the Barbarians had to incorporate to protect their officers from risk.
If there are any clubs that haven’t yet done this, they should address the issue as soon as possible as it is the only way amateur administrators can protect themselves and their assets should any action be taken by injured players against them.