QUEEN'S BENCH DIVISION
COMMERCIAL COURT
The Strand London WC2A 2LL |
||
B e f o r e :
____________________
AB & OTHERS | Claimant | |
-v- | ||
BRITISH COAL CORPORATION | Defendant | |
OTHER SCHEDULED DEFENDANTS |
____________________
WordWave International Limited
A Merrill Communications Company
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Mr R Walker QC and Miss C Foster (instructed by Nabarro) appeared on behalf of the Defendant.
____________________
Crown Copyright ©
"1. The parties anticipate that the majority of the minor disputes that arise in individual claims, whether of evidence or of interpretation of this arrangement, will be resolved between the claimant's representative (now Capita) ... via the agreed escalation process at Schedule 13.1(1). The parties also recognise that some disputes may include issues that relate to all or a number of claims. In such circumstances the parties will formally identify those issues as requiring resolution between the (CSG) and (DBERR) ... and thereupon the provisions provides for the resolution of disputes in individual cases will be suspended save that any party may gave notice to the others that the issue or issues so identified should proceed as individual disputes.
"3. Initially, issues arising in relation to matters other than medical evidence should be addressed as follows:
"3.1 Where the matter in issue relates to an individual claim then the matter in the first instance should be referred to a senior (Capita) employee ... who will try to resolve the dispute directly with a partner or other fee-earner ... nominated by the claimant's representative. In the event of the matter remaining unresolved within 28 days of the reference, unless otherwise agreed, the claim may be referred to the disputes procedure by either party by service of a notice of dispute in the form of a notice at Schedule 13.2."
"Following service of notice of dispute, the dispute will be addressed in accordance with the following procedure.
"4.1 any notice of dispute shall be addressed to the technical claims manager at Capita or the nominated representative of the claimant's representative or the nominated representative of other defendants where relevant.
"4.2. Other than provided for by paragraphs 4.3 and 5 should any dispute remain unresolved 28 days after receipt of the notice of dispute unless otherwise agreed, the claim may be treated as rejected, leaving the claimant free to pursue proceedings outside this Agreement.
"4.3. Following receipt of a notice of dispute the receiving party shall confirm whether or not there is scope for resolution of the matter in issue within 14 days and if so the parties will by any means they agree to seek to resolve the issue within a further 14 days. In the receiving party either (a) gives notice that there is no issue for resolution, or (b) fails to respond within 14 days, or (c) if Agreement is not achieved within the 14-day period or such long a period as may be agreed following the giving of the notice, then the claim shall be deemed rejected, leaving the claimants free to pursue court proceedings outside this arrangement if so advised."
"Any dispute falling to be dealt with under paragraph 3.1, individual cases not resolved between (Capita) and the claimant's representative ... may with the consent of the (DEBRR) and the (CSG) be submitted to mediation by an accredited mediator nominated by the agreed mediation service provider."
"Where disputes arise raising issues that effect or may affect a group of claims, the (DEBRR) and the (CSG) ... will, as provided for in paragraph 1, seek to resolve those issues directly outwith this disputes procedure and may refer the matter or matters either for mediation in accordance with paragraph 5 or to the High Court judge nominated to oversee the litigation. Individual cases that are in dispute can also be resolved in this way if such a dispute arises. The claimant's representative and (Capita) ... shall respectively notify the (CSG) and the (DEBRR) ... forthwith."