The fact that Phil Greening will have to pay a fellow rugby player compensation of 40,500 euros, or around £27,000, has occurred without too much fanfare amid the dramas of the Heineken Cup and the continuing fallout from the Rugby World Cup.

But it has implications that could be wide-ranging and will no doubt rear its very ugly head in the future. Already, former Wallabies back Mat Rogers is trying to claim over 22,000 Australian dollars for neck surgery, citing the injury that occurred while he was playing for the Super 14 side New South Wales Waratahs.

Greening, now employed by London Wasps, for whom he used to play, was stunned by the ruling, and was initially unaware that French international Aurelien Rougerie was taking legal action. Damian Hopley, chief executive of the Professional Rugby Players' Association, viewed the incident – where Greening executed an "offensive hand-off" to the French winger’s throat – and stated it was a classic rugby hand-off with no malice. It occurred in 2002 when the Wasps visited France for a pre-season match.

‘Will Brian O'Driscoll now seek action for the spear tackle he sustained in the most recent Lions tour? Will Richie McCaw undertake legal proceedings against Lote Tuqiri for a dangerous tackle? The list goes on’


Rougerie has since needed three operations on the injury – and initially was suing for 90,000 euros but has been awarded nearly half that amount. Rougerie's lawyer, Jean Portejoie, has stated that as far as he was aware, this was the first time such a ruling had been made at international level.

Both Hopley and Wasps chief executive Tony Copsey – now dealing with the incident on Greening’s behalf – are shocked by the verdict and warn that this has massive implications for any full contact sport.

Rougerie has 44 international caps and is captain of French Top 14 side ASM Clermont Auvergne (Springbok captain John Smit's new club). He has not offered a public statement thus far but was hospitalised for 12 weeks in 2002 when the injury occurred. Some in the game have allegedly called him "cry baby".

Rougerie also sustained a serious injury in 2004 – will he now seek legal action over this incident as well?

This is a complete farce. Rugby Union, probably along with boxing and American Football, is one of the most physically confronting sporting codes currently played. As former All Black captain Tana Umaga once famously remarked when penalised for an aggressive tackle: "This ain't tiddly winks, mate."  All players know the risks involved with the sport. That is the reason for extensive training, medical support, awareness and, above all, a high paycheck that comes with playing at the top level.

Will Brian O'Driscoll now seek action for the spear tackle he sustained in the most recent British and Irish Lions tour? Will Richie McCaw undertake legal proceedings against Lote Tuqiri for a dangerous tackle during last year’s Tri Nations? The list goes on.

Unfortunately, this is a difficult situation for rugby. Unless all unions formally make an arrangement or there is a High Court ruling against action like this being taken, this will likely plague the code in years to come. Thousands of players have received injuries when playing top-level rugby. Is there a clause that prohibits them taking legal action? Fair challenge or not, how would you or I react if an injury sustained in a game of rugby changed your life for the worse?

It would be interesting to see if Rougerie underwent proceedings on his own accord, or whether he was instructed or guided by someone else.  Hopefully, for rugby's sake it was by his own design.

Rugby, guided by the IRB and the major international unions, needs to act very fast on this or the game they play in heaven may well be jeopardised and ultimately destroyed. Remember that the changes on scrum engagement that were implemented this year were as an indirect result of severe injuries suffered by players, especially in the neck and vertebrae region.

As new playing laws are unveiled for the beginning of the Super 14, rugby fans will wait to see how the sport reacts. It is a shame that what was once in fact just a game, is now so much more political and complex.

This ain't tiddly winks, indeed.