AB & Ors v British Coal Corporation & Ors

AB & Ors v British Coal Corporation & Ors

The court has jurisdiction to require a scheme for financial awards where claims are stalled under the CHA, including monetary compensation for delay, but the specific order for interest at a fixed rate was not granted. The CHA permits recovery of success fees in costs assessments, construed according to the current costs regime, subject to the contractual qualification that unsuccessful claimants bear their own costs.

Parties
Claimants: AB & ORS; Defendants: British Coal Corporation (Department of Trade and Industry) & ORS
Jurisdiction
England and Wales
Judgment Date
19 October 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Cross Appeals
Outcome
Claimants' appeal on jurisdiction allowed but specific relief refused; Defendants' appeal dismissed.
Legal Topics
Vibration White Finger Compensation Scheme, Claims Handling Agreement Interpretation, Court's Supervisory Powers, Interest and Damages for Delayed Payment, Recoverability of Success Fees
Contract Law Civil Procedure Personal Injury Vibration White Finger Compensation Scheme Claims Handling Agreement Interpretation Court's Supervisory Powers Interest and Damages for Delayed Payment Recoverability of Success Fees

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Parties

AB & ORS

Claimants

British Coal Corporation (Department of Trade and Industry) & ORS

Defendants

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Cross Appeals

Legal Issues

  1. 1 Whether the supervising judge has jurisdiction to order financial awards (including interest) for claims stalled at Capita under the CHA
  2. 2 Whether the CHA permits recovery of success fees by claimants' solicitors in costs assessments

Ratio Decidendi

The court has jurisdiction to require a scheme for financial awards where claims are stalled under the CHA, including monetary compensation for delay, but the specific order for interest at a fixed rate was not granted. The CHA permits recovery of success fees in costs assessments, construed according to the current costs regime, subject to the contractual qualification that unsuccessful claimants bear their own costs.

Court Disposition

Claimants' appeal on jurisdiction allowed but specific relief refused; Defendants' appeal dismissed.

Orders

  • Declaration that the supervising judge has power to order financial awards for stalled claims under the CHA.
  • No general order for interest at judgment rate made.