Coal Miners who lost money in DTI compensation scheme to appeal

Coal miners' claims for unlawful deductions from compensation awards to be referred to the Court of Appeal

May 19, 2006 - Press Dispensary - Solicitors acting for miners who are claiming back very significant amounts deducted by trade unions and solicitors are taking the matter to the Court of Appeal.

This follows the decision - made in court yesterday by Sir Michael Turner - to dismiss the application for a Group Litigation Order which would have enabled miners collectively to litigate against the Union of Democratic Mineworkers (UDM), Vendside and certain solicitors for the recovery of deductions made in respect of settled coal mine claims, with costs.

Mr Edwards from Greene Wood & McLean LLP, the solicitors who represented the coal miner applicants, said today: "With due respect to Sir Michael we believe that his judgment is wrong and that the Court of Appeal will make a Group Litigation Order."

Mr Edwards continued: "The fight is not over. We point out that Sir Michael has not ruled on whether the deductions made from miners compensation are lawful or not. We still believe that the deductions ought not to have been made and were unlawful, and we intend to continue with the case to obtain a full refund for coal miners".

Although a costs order was made by Sir Michael, a policy of insurance is in place to protect miners against such an order. During the hearing of the case the insurer confirmed to the court that the insurance covers the costs of the hearing for the group litigation order, and that the company is on risk for this application.

A press release has been put out by Harrison Cowley North, a PR company for UDM/Vendside, which also refers to the UDM/Vendside solicitors, Brooke North solicitors.

Greene Wood and McLean has informed the PR company that the release is "…grossly misleading, clearly designed to sow discontent and instill fear in the mining community which, as it points out, includes many 'sick and dying miners and their families', and we call upon you – forthwith - to withdraw it…" and …"(w)e reserve our clients' and our rights in relation to the statement."

The case for coal miners to recover deductions made in respect of their compensation continues.

- Ends -

1. AGM is a not for profit organization that oversees a panel of firms who have undertaken to handle claims of miners in a way that ensures that miners receive 100% of their compensation.

2. AGM was established to audit solicitors on its panel so that coal miners are assured that claims handled by AGM panel solicitors are paid to miners without deductions from the compensation awards of Claimants.

3. A Group Litigation Order (GLO) is an order that can be made in terms of the Civil Procedure Rules where a number of claimants have similar or identical claims against a defendant or defendants so as to manage the litigation in a manner that avoids a multiplicity of actions.

4. The refusal by the court to make the GLO in no way affects the substantive claims of miners to recover deductions made from their compensation awards.

5. Greene Wood & McLean LLP can be contacted for comment on 02070381070 (Mr Edwards and/or Mr Evans).

For further information please contact:
Wynne Edwards, Greene Wood & McLean LLP
Tel: 02070381070
Email:
Site: www.greenewoodmclean.com