Group litigation

Coal Mining Contractors v Davies & Others; Department of Trade & Industry & Another [2006] EWCA Civ 1360

Counsel: For the first respondent: David Allen QC, Ivan Bowley For the second respondent: Robert Jay QC, Simon Antrobus For the appellants: Richard Maxwell QC, Patrick Limb Solicitors: For the first respondent: Hugh James & Co For the second respondent: Nabarro Nathanson For the appellants: DLA Piper

This was an appeal by the appellant coal mining contractor companies, C, against the decision of a county court judge not to join C in the intended proceedings between D, the coal miners and the Department of Trade and Industry. D were five miners who planned to bring proceedings against the department as the successor of the National Coal Board and British Coal Corporation (British Coal) alleging that the company was liable for the chronic knee injuries they had suffered as a result of their work as miners. The trial judge had made a group litigation order covering common or related issues of fact or law.