Ab & Ors v Small Mines - and - UK Coal

Ab & Ors v Small Mines - and - UK Coal

Claimants who have accepted OROS payments in settlement of their claims against the Department retain the right to pursue claims against UK Coal and/or Small Mines under the CHA. Acceptance of an OROS payment does not constitute a breach or frustration of the CHA or accession agreements as regards co-defendants. The CHA process remains available for such claims, and the additional burden on co-defendants does not justify excluding these claims from the CHA.

Parties
Claimant: AB & Others; Defendant: Small Mines; Defendant: UK Coal
Jurisdiction
England and Wales
Judgment Date
13 August 2007
Procedural Posture
Civil / Judgment on Preliminary Issue
Outcome
Claimants entitled to proceed under CHA against UK Coal and Small Mines after OROS payment
Legal Topics
Settlement Agreements, Claims Handling Agreements, Apportionment of Liability, Procedural Management, Frustration of Contract
Contract Law Tort Law Civil Procedure Settlement Agreements Claims Handling Agreements Apportionment of Liability Procedural Management Frustration of Contract

Case Brief

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Parties

AB & Others

Claimant

Small Mines

Defendant

UK Coal

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether a claimant who has accepted a payment under LOROS/DOROS (OROS) can maintain a claim against UK Coal and/or Small Mines under the Claims Handling Agreement (CHA)
  2. 2 Whether acceptance of an OROS payment constitutes a breach or frustration of the CHA or accession agreements as regards co-defendants

Ratio Decidendi

Claimants who have accepted OROS payments in settlement of their claims against the Department retain the right to pursue claims against UK Coal and/or Small Mines under the CHA. Acceptance of an OROS payment does not constitute a breach or frustration of the CHA or accession agreements as regards co-defendants. The CHA process remains available for such claims, and the additional burden on co-defendants does not justify excluding these claims from the CHA.

Court Disposition

Claimants entitled to proceed under CHA against UK Coal and Small Mines after OROS payment

Orders

  • Claimants wishing to pursue claims against UK Coal or Small Mines must serve a Claims Questionnaire (CQ) within a set time limit.
  • Directions to be considered at the October hearing, including possible procedural safeguards for co-defendants.