Compensation advances for ailing miners

Sick miners who were given inadequate professional services by their lawyers in relation to the British Coal compensation scheme are to be paid up to £100,000 by the Law Society.

The society agreed to fork out the ex gratia advance of awards after several of the solicitors accused of providing a shoddy service deferred payment pending a hearing before the Solicitors Disciplinary Tribunal (SDT).
Des Hudson, Law Society chief executive, says: “One or two solicitors’ firms have deferred payment pending a hearing before the SDT. While solicitors may argue at the SDT that the award is wrong, we are concerned that miners should not be disadvantaged by the delay the hearing inevitably creates.
“This currently affects only around 40 miners, but we are conscious that most of those involved are elderly and infirm so the Law Society has decided to make the payment itself to shortcut the process.”

Under the current law these awards only become enforceable after the matter has been referred to the SDT and the SDT has ordered the solicitors to pay. The Solicitors Regulation Authority will still seek to enforce the award against the solicitors concerned in the normal way.
The society’s pledge comes after Glyn Maddocks, a society council member and a partner at Gabb and Co, admitted five breaches of professional rules in relation to his dealings with the coal miners’ compensation scheme. He was fined £15,000 at the SDT and ordered to pay the costs, estimated to be £60,000.