The National Union of Mineworkers v Organisation Internationale De L'Energie Et Des Mines

The National Union of Mineworkers v Organisation Internationale De L'Energie Et Des Mines

The Defendant is obliged to account to the Claimant for all sums received from the proceedings against Mr. Windsor, subject to deduction of unreimbursed costs incurred by the Defendant; the risk of any shortfall falls on the Claimant. The MACF was not held on trust for the Claimant, and there was no assignment...

Source-derived case information.

Parties
Claimant: THE NATIONAL UNION OF MINEWORKERS; Defendant: ORGANISATION INTERNATIONALE DE L’ENERGIE ET DES MINES
Jurisdiction
England and Wales
Judgment Date
19 June 2019
Procedural Posture
Civil Claim / Judgment After Full Trial
Outcome
Claim allowed in part
Legal Topics
Assignment of Debt, Trusts and Beneficial Ownership, Limitation of Actions, Jurisdiction, Enforcement of Foreign Judgments, Trade Union Status
Contract Law Trusts Law Civil Procedure Assignment of Debt Trusts and Beneficial Ownership Limitation of Actions Jurisdiction Enforcement of Foreign Judgments +1 more

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Parties

THE NATIONAL UNION OF MINEWORKERS

Claimant

ORGANISATION INTERNATIONALE DE L’ENERGIE ET DES MINES

Defendant

Procedural Posture

Civil Claim / Judgment After Full Trial

Legal Issues

  1. 1 Whether the Claimant was entitled to bring proceedings as a trade union
  2. 2 Whether the Claimant had a beneficial interest in the sums recovered from Mr. Windsor
  3. 3 Whether there was an assignment agreement between the Claimant and Defendant regarding the Windsor debt

Ratio Decidendi

The Defendant is obliged to account to the Claimant for all sums received from the proceedings against Mr. Windsor, subject to deduction of unreimbursed costs incurred by the Defendant; the risk of any shortfall falls on the Claimant. The MACF was not held on trust for the Claimant, and there was no assignment agreement between the Claimant and Defendant. The claim is statute-barred only in respect of sums received more than six years before proceedings commenced. The Release Agreement did not preclude the Claimant’s claim regarding the Windsor proceeds.

Court Disposition

Claim allowed in part

Orders

  • Defendant to pay Claimant £60,881.97 in addition to £29,500 already paid, subject to deduction of £77,828.74 for unreimbursed costs and prior payments.
  • Defendant to account to Claimant for further sums received from the Windsor proceedings in excess of £138,710.71.