Re British Coal Vibration White Finger Group Litigation [2009] EWHC 892 (Comm) (8 April 2009)

Re British Coal Vibration White Finger Group Litigation [2009] EWHC 892 (Comm) (8 April 2009)

The court has the power to alter the limitation period under the handling agreement, and a six-month period is sufficient and fair given the materials and procedures already in place for claimants; public interest in finality outweighs potential individual difficulties.

Citation
[2009] EWHC 892 (Comm)
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 / Interlocutory Application Regarding Limitation Period Under Handling Agreement
Outcome
Application granted
Legal Topics
Limitation Period, Group Litigation, Procedural Powers, Settlement Agreements
Civil Procedure Tort Limitation Period Group Litigation Procedural Powers Settlement Agreements

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 / Interlocutory Application Regarding Limitation Period Under Handling Agreement

Legal Issues

  1. 1 Whether the court has power to alter the limitation period in the handling agreement
  2. 2 Whether the limitation period should be reduced from twelve to six months

Ratio Decidendi

The court has the power to alter the limitation period under the handling agreement, and a six-month period is sufficient and fair given the materials and procedures already in place for claimants; public interest in finality outweighs potential individual difficulties.

Court Disposition

Application granted

Orders

  • Limitation period in Section 15 of the handling agreement reduced from twelve to six months for all defendants.