Solicitors hit back after minister attacks handling of miners' lung disease casesCompensation: minister's accusation of profession 'backing failing actions' is dubbed 'bizarre'Solicitors handling miners' compensation litigation this week expressed surprise and disappointment over government criticisms that they, and claims settlement firms, werebacking failing actions and delaying settlements.The criticisms were made by Helen Liddell, minister in charge of the miners' compensation scheme, who said that around 40% of claims were invalid.

It was becomingobvious that a 'high proportion' of those claiming did not have lungdisease, she said.Current government estimates suggest that around 130,000 former miners have already started compensation claims, a figure which is expected to rise to 200,000 overall.

Under the compensation system which has been put in place to deal with the claims, miners canundertake a basic respiratory test and, if they are found to have some lung damage, accept an expedited lower payment.

Otherwise, miners submit to a full medical assessment procedure which is carried out before compensation is paid.Andrew Tuckett, a partner at Sheffield-based Irwin Mitchell which is dealing with around 3,500 claims, called the minister's claims 'bizarre'.

He said it was not in the interests of solicitors or claims handlers to put forward claims which were bound to fail, as they would not be paid.

He added that a high failure rate was to be expected in a scheme set up to allow miners to go for medical assessments if they thought they had the disease.

He added that the failure rate would normally be unknown, as solicitors would be obtaining medical reports privately.Hugh James Ford Simey partner Gareth Morgan, who is dealing with 15,500 claims, said it seemed unfair of the government to have set up an open medical examination system and then use the figures against miners and their advisers.Ms Liddell also criticised the speed at which claims are being settled.

It is understood that a batch of 19,000 expedited payment offers were made to miners before Christmas with a total value of 75 million.

A Department of Trade and Industry spokeswoman said that so far only 8 million has been paid out, adding: 'It could be that solicitors were busy over Christmas and haven't got round to telling clients of offers yet'.In total, 108 million has been paid out to miners with lung disease.Sue Allen