No Sudden Outburst of Honesty by Under-Compensated Miner - Ivor Collett, 1 Chancery Lane
17/06/14. The Court of Appeal has recently upheld a County Court Judge’s decision to award damages to a former miner who complained that he had been under-compensated in an industrial injury scheme. One of the reasons given was that the Defendant’s explanation for the Claimant’s conduct was implausible in relying on a steady state of dishonesty interrupted by a brief “outburst of honesty” before he reverted to his mischievous ways in bringing the professional negligence claim.
The Claimant was an ex-miner who applied in 1999 to the government-endorsed scheme for compensating former NUM / British Coal miners for Vibration White Finger (“VWF”) injuries sustained during work with heavy power tools. The scheme had been the result of detailed negotiations between representatives of the unions and former workers and those of the employers. In 2002, while represented by Raleys, a solicitors’ firm, he accepted a settlement of his claim at around £10,800 for general damages and his handicap on the labour market. He later sued Raleys for failing to advise him of the advantages for holding out for an additional head of loss for “services” such as DIY, gardening and car maintenance...
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