A 21 year old rugby player, paralysed for life after a scrum collapsed in 1991, yesterday began a High Court action in London seeking more than £1 million compensation from the referee and an opposing prop forward.
Mr Ben Smoldon, a philosophy student who will spend the rest of his life in a wheelchair, has accused referee, Mr Michael Nolan, of failing to enforce the laws of the game and control the match properly so as to ensure players' safety.
The tetraplegic also alleges that prop forward, Mr Thomas Whitworth, caused the collapse of the scrum in which Mr Smoldon suffered his injury. Both men deny liability.
The case, which is likely to last two weeks, is believed to be the first time that an English referee has been sued in such a situation, and it will have wide implications not only for rugby, but for refereeing of sport in general. Mr Nolan is being supported by the English Rugby Football Union, which insures referees.
Mr Smoldon's counsel, Mr Peter Andrews QC, said that his client was injured when a scrum collapsed and the heavy bodily force exerted by the other members caused his neck to be dislocated.
He would argue that the match was not played according to the laws of the game or in a sporting spirit. Mr Andrews added unfortunately in this game the laws were persistently contravened and ignored and some of those present actually foresaw the likelihood of injury before Ben's accident. The playing, particularly in the scrummages, was very dangerous.
A touch judge had warned the referee that unless he did something, someone in the front row of the scrummage would be injured. "Mr Nolan agreed but, in effect, said he could not do anything about the situation," Mr Andrews said.
Mr Smoldon said he was captaining his team, Sutton Coldfield Colts, on the wing in a match against Burton but he switched to hooker when a team mate said he didn't want to continue as his neck was aching.
The scrummages were very aggressive and five or six had already collapsed because of the props on each side wrestling with each other. By the time he was injured, and the game abandoned, there had been up to 25 collapsed scrums. Mr Whitworth, a tight head prop, was generally aggressive in the scrums and appeared to be wrestling with his opposite number, Mr Smoldon said.
The hearing continues today.