Miners: firm refutes claim that bid for group litigation order was a 'gross abuse'

A City law firm was accused of being 'inept', 'heavy handed' and committing a 'gross abuse of the system' by a High Court judge last week.


Sir Michael Turner rejected Greene Wood & McLean's application for a group litigation order in an action against firms involved in the miners' compensation scheme, noting that the application was 'unnecessary' and had been pursued 'aggressively'. The firm strongly refuted the attack.


The firm had sought the order to launch an action against five law firms, a trade union and a claims management company in relation to their handling of 69 miners' claims.


Sir Michael said the interests of the claimants had not been met, as other procedures were available that would have led to an early adjudication of the underlying merits of the claims 'at a mere fraction of the costs that have been incurred'. He noted the 'obvious and grotesque imbalance' between the firm's costs and the sums at stake.


Sir Michael said no group litigation issue had been 'sufficiently or precisely identified', and there was 'lack of certainty about the sufficiency of the after-the-event insurance'.


Wynne Edwards, senior partner at Greene Wood & McLean, said: 'We do not agree that the application was misconceived, an abuse of the system, heavy handed, or ineptly brought... [It] was brought after very serious consideration had been given to all alternatives, appropriate procedures and what was required to be done to be able to successfully make [such] an application.


'We and counsel gave full consideration to progressing the case by ways other than an application for an order. We engaged counsel who specialise in group litigation.'


Mr Edwards added that the firm's costs were not disproportionate, given that almost 2,000 miners had stated they were likely to join the action if an order was granted.


He added that an after-the-event insurance policy was obtained and confirmed to the court.