AB & Ors v British Coal Corporation [2008] EWHC 69 (Comm) (15 January 2008)

AB & Ors v British Coal Corporation [2008] EWHC 69 (Comm) (15 January 2008)

The Scheme provides a complete and exclusive procedure for resolving individual disputes, including mediation; individual claims cannot be determined on their merits by the supervising judge under the Scheme. The Department must not unreasonably withhold consent to mediation where it is the only remaining remedy, but the cut-off date for mediation requests will not be extended.

Citation
[2008] EWHC 69 (Comm)
Parties
Claimant: AB & Others; Defendant: British Coal Corporation; Defendant: Other Scheduled Defendants
Jurisdiction
England and Wales
Judgment Date
15 January 2008
Procedural Posture
Commercial Court Proceeding Under the Vibrations White Finger Scheme / Judgment on Dispute Resolution Procedures and Mediation Rights
Outcome
Claimants cannot have individual claims determined on their merits by the supervising judge under the Scheme; Department must not unreasonably withhold consent to mediation in timely cases; no extension of mediation cut-off date.
Legal Topics
Dispute Resolution, Mediation, Scheme Interpretation, Damages for Services Costs
Contract Law Civil Procedure Dispute Resolution Mediation Scheme Interpretation Damages for Services Costs

Case Brief

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Parties

AB & Others

Claimant

British Coal Corporation

Defendant

Other Scheduled Defendants

Defendant

Procedural Posture

Commercial Court Proceeding Under the Vibrations White Finger Scheme / Judgment on Dispute Resolution Procedures and Mediation Rights

Legal Issues

  1. 1 Whether individual claimants dissatisfied with Capita's decision under the Scheme can have their claims determined by the supervising judge on the merits
  2. 2 Whether the Department's withholding of consent to mediation in individual disputes is unreasonable
  3. 3 Interpretation of dispute resolution procedures under the Scheme, particularly paragraphs 3.1, 3.2, 4, and 5 of Schedule 13.1

Ratio Decidendi

The Scheme provides a complete and exclusive procedure for resolving individual disputes, including mediation; individual claims cannot be determined on their merits by the supervising judge under the Scheme. The Department must not unreasonably withhold consent to mediation where it is the only remaining remedy, but the cut-off date for mediation requests will not be extended.

Court Disposition

Claimants cannot have individual claims determined on their merits by the supervising judge under the Scheme; Department must not unreasonably withhold consent to mediation in timely cases; no extension of mediation cut-off date.

Orders

  • Department required to adopt a more liberal attitude to mediation in individual disputes where it is the only remaining remedy.
  • No amendment to the existing cut-off date for mediation requests; lapsed claims must be pursued at common law if at all.