AB & Ors v British Coal Corporation

AB & Ors v British Coal Corporation

The Scheme provides a self-contained and complete code for resolving individual disputes, including mediation. The supervising judge cannot determine individual claims on their merits under the Scheme; unresolved claims must be pursued at common law. The Department must not unreasonably withhold consent to mediation, especially where mediation is the final available remedy within the Scheme.

Parties
Claimant: AB & Others; Defendant: British Coal Corporation; Defendant: Other Scheduled Defendants
Jurisdiction
England and Wales
Judgment Date
15 January 2008
Procedural Posture
Civil (commercial Court) / Judgment on Interpretation and Application of Dispute Resolution Procedures Under the Vibrations White Finger Scheme
Outcome
Application dismissed in part; interpretation of Scheme confirmed; Department's refusal to mediate in certain cases found unreasonable.
Legal Topics
Dispute Resolution, Mediation, Scheme Interpretation, Case Management
Contract Law Civil Procedure Dispute Resolution Mediation Scheme Interpretation Case Management

Case Brief

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Parties

AB & Others

Claimant

British Coal Corporation

Defendant

Other Scheduled Defendants

Defendant

Procedural Posture

Civil (commercial Court) / Judgment on Interpretation and Application of Dispute Resolution Procedures Under the Vibrations White Finger Scheme

Legal Issues

  1. 1 Whether individual claimants dissatisfied with Capita's decision under the Scheme can have their claims determined by the supervising judge or must pursue proceedings outside the Agreement
  2. 2 Whether the Department's withholding of consent to mediation in individual disputes is unreasonable
  3. 3 Whether the cut-off date for mediation requests should be amended

Ratio Decidendi

The Scheme provides a self-contained and complete code for resolving individual disputes, including mediation. The supervising judge cannot determine individual claims on their merits under the Scheme; unresolved claims must be pursued at common law. The Department must not unreasonably withhold consent to mediation, especially where mediation is the final available remedy within the Scheme.

Court Disposition

Application dismissed in part; interpretation of Scheme confirmed; Department's refusal to mediate in certain cases found unreasonable.

Orders

  • The Scheme's dispute resolution procedure for individual claims is exclusive and must be followed.
  • The supervising judge will not determine individual claims on their merits under the Scheme.