Re British Coal Vibration White Finger Group Litigation

Re British Coal Vibration White Finger Group Litigation

The court has the power to reduce the limitation period under the handling agreement, and practical considerations do not outweigh the public interest in finality. A six-month period is sufficient for claimants to bring properly particularised claims.

Parties
Claimant: CSG; Claimant: UDM; First Defendant: DTI; Second Defendant: UK Coal; Third Defendant: CMC; Fourth Defendant: AGF/Small Mines
Jurisdiction
England and Wales
Judgment Date
08 April 2009
Procedural Posture
Group Litigation / Application to Vary Limitation Period in Handling Agreement
Outcome
Application granted
Legal Topics
Limitation Periods, Group Litigation, Case Management
Civil Procedure Limitation Periods Group Litigation Case Management

Case Brief

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Parties

CSG

Claimant

UDM

Claimant

DTI

First Defendant

UK Coal

Second Defendant

CMC

Third Defendant

AGF/Small Mines

Fourth Defendant

Procedural Posture

Group Litigation / Application to Vary Limitation Period in Handling Agreement

Legal Issues

  1. 1 Whether the court has power to reduce the limitation period under Section 15 of the handling agreement
  2. 2 Whether it is appropriate to reduce the limitation period from twelve to six months

Ratio Decidendi

The court has the power to reduce the limitation period under the handling agreement, and practical considerations do not outweigh the public interest in finality. A six-month period is sufficient for claimants to bring properly particularised claims.

Court Disposition

Application granted

Orders

  • The limitation period provided for in Section 15 of the handling agreement is reduced from twelve to six months.