2015-07-24

Updated: Regular update

List of all group litigation orders

Reference number

Name of group litigation

Date of order

95

Royal Mail Group Litigation

22 July 2016

94

Corin Metal on Metal Hip

22 Oct 2015

93

Construction Industry Vetting Information

8 Oct 2015

92

CPT

14 Aug 2008

91

Winterbourne View

27 Feb 2013

90

Recognised Overseas Self Invested International Pensions (ROSIIP)

22 Jun 2012

89

Sonae

12 Jul 2012

88

PIP Breast Implant

3 Dec 2014

87

Shared Appreciation Mortgages (SAMs)

5 Oct 2009

86

Zimmer Metasul Large Diameter Head and Durom Metal on Metal Hip

3 Dec 2014

85

Hafod Landfill

22 Oct 2013

84

Fleetwood

9 Dec 2012

83

Monckton

11 Nov 2012

82

Wildriggs Rendering Site

5 May 2011

81

Construction Industry Vetting information

10 Jul 2014

80

DePuy Pinnacle Metal on Metal Hip

31 Jul 2014

79

Lyme & Wood Landfill Group

21 Nov 2013

78

RBS Rights issue

19 Sep 2013

77

CF Arch cru

14 Oct 2013

76

Visteon UK Ltd

20 Dec 2012

75

Iraqi Civilian Employees

12 Jul 2010

74

Stamp Taxes

21 Oct 2010

73

Manchester Children’s Homes (No.2)

27 Jul 2010

72

Norton Aluminium

26 May 2010

71

Linkwise

19 Jun 2008

70

Opiate Dependant Prisoners (No.2)

21 Jul 2009

69

Westmill Landfill

27 Mar 2009

68

Seroxat

29 Oct 2008

67

North Wales Children’s Homes

25 May 1999

66

Ocensa Pipeline

24 Sep 2008

65

MSC Napoli

9 Jun 2008

64

Powertrain

10 Oct 2007

63

St William’s

5 Sep 2006

62

Miner’s Knee

21 Dec 2006

61

Atomic Veterans

16 Jul 2007

60

Soviva Hotel

2 Nov 2006

59

VAT Interest Cars

28 Jun 2007

58

Abidjan Personal Injury

12 Mar 2007

57

St William’s

5 Sep 2006

56

Parkwood

23 Aug 2006

55

Lincoln Prison

3 Aug 2006

54

Missing Trader Intra-Community (MTIC) Damages

21 Jun 2006

53

Corby

14 Feb 2006

52

Mogden

21 Dec 2005

51

Fetal Anti Convulsant (FAC)

25 Aug 2005

50

DePuy Hylamer

8 Aug 2005

49

Dexion Deafness

28 Apr 2005

48

Torremolinos Beach Club

21 Apr 2005

47

Staffordshire Children’s Homes

11 Feb 2005

46

Evolution Films

Pending

45

British Telecommunications Pensions Group Ltd

4 Aug 2004

44

St George’s

19 Apr 2004

43

Foreign Income Dividends (FIDs)

20 Jul 2004

42

Calderdale

16 Apr 2004

41

Lloyd’s Names UK Government

16 Apr 2004

40

Sabril

4 Feb 2004

39

Newton Longville

27 Mar 2003

38

Trilucent Breast Implant

1 Jul 2003

37

Park West

4 Jan 2002

36

Kirklees

1 Sep 2001

35

Franked Investment Income

8 Oct 2003

34

Controlled Foreign Companies (CFC) Dividend

30 Jul 2003

33

Thin Cap

30 Jul 2003

32

South Wales Children’s Homes (National Children’s Home)

28 Nov 2002

31

South Wales Children’s Homes (Local Authority)

28 Nov 2002

30

Loss Relief

23 May 2003

29

Kenya Training Areas

4 Nov 2002

28

Scania 4 Series

22 Jul 2002

27

Chagos Islanders

3 Jul 2002

26

St Leonard’s

12 Jun 2002

25

Havelock

19 Jun 2001

24

Deep Vein Thrombosis and Air Travel

8 Mar 2002

23

United Utilities Sandon Dock

20 Mar 2002

22A

Manchester Childrens Homes

1 Jul 2003

22

Manchester Childrens Homes

12 Jun 2001

21

Persona

28 Jan 2001

20

Ryanair Agents

17 Jan 2002

19

Trecatti

26 Nov 2001

18

Coal Mining Contractors Contribution

7 Jan 2002

17

Lower Lea Special School

12 Dec 2001

16

Advance Corporation Tax (ACT)

26 Nov 2001

15

Longcare

21 Nov 2001

14

Gerona Air Crash

18 Aug 2001

13

Nantygwyddon

15 Aug 2001

12

DePuy Hylamer

10 Aug 2001

11

West Kirby Residential School

27 Jun 2001

10

Esso Collection

27 Jun 2001

9

Nationwide Organ

16 Jun 2001

8

McDonalds Hot Drinks

22 May 2001

7

JMC Holidays / Club Aguamar

8 Feb 2001

6

JMC Holidays

7 Nov 2000

5

Gower Chemicals

18 Nov 2000

4

Cape plc

3 Nov 2000

3

Kerr/North Yorkshire Health Authority

18 Oct 2000

2

Royal Liverpool Children’s

12 Nov 2000

1A

Redbank

13 Jun 2001

1

Redbank

10 Nov 2000

2001 Folio 398

Prentice Ltd/DaimlerChrysler UK Ltd

30 Apr 2001

95. Royal Mail Group Litigation

Date of order: 22 July 2016

Judge: Mr Justice Mann
Court: High Court of Justice, Chancery Division
Managing court: Chancery Division
Lead solicitors: Mishcon de Reya LLP, Africa House, 70 Kingsway, London WC2B 6AH

Defining issues

This litigation concerns the VAT treatment of postal services supplied by Royal Mail (“RM”) to the claimants for consideration. The issue is whether the services should have been standard rated by reason of European Union law at the time they were supplied, and whether the price paid by the claimants for the services was a VAT inclusive amount.

The claims are for alleged breaches of RM’s statutory duty to issue VAT invoices to the claimants in respect of the services. The claimants seek a range of remedies arising from the alleged breaches.

The cut-off date for new claimants to join the group litigation is 28 February 2017.

94. Corin Metal on Metal Hip

Date of order: 22 October 2015

Judge: The Senior Master, Master Fontaine, and Master Cook

Court: High Court of Justice, Queen’s Bench Division

Managing judge: Mr Justice Hickinbottom

Managing court: High Court of Justice, Queen’s Bench Division

Lead solicitors: Leigh Day

Defining issues

The correct approach in law to the determination of defect under section 3 of the CPA [Consumer Protection Act] 1987.

Whether each of Corin’s products was defective at the relevant date of supply.

The correct approach in law to the applicability of the “development risks” defence in section 4(e) of the CPA 1987.

93. Construction Industry Vetting Information

Date of order: 8 October 2015

Judge: The Honourable Mr Justice Supperstone and Master Leslie

Court: Royal Courts of Justice, Queens Bench Division

Managing court: Royal Courts of Justice, Queens Bench Division

Lead solicitors: Thompsons Solicitors, Great Russell Street, London, WC1B 3LW

Defining issues

Paragraph 35 of the Group Litigation Order dated 10 July 2014 be amended so as to read:

The cut off date for registration of claims on the Group Register shall be 2 February 2016. No Claim shall be entered on the Group Register after this date, save by Order of the Management Court.

The following costs relating to the July 2015 CMC shall be common costs in the case:

(a) The CSSG’s costs of its application for disclosure against the Macfarlanes Defendants; and

(b) The costs of the Macfarlanes Defendants occasioned by the CSSG’s application for expert evidence.

92. CPT

Date of order: 14 August 2008

Judge: His Honour Judge Griggs

Court: Truro County Court

Managing court: Truro County Court

Lead solicitors: Richard Scrase of Follett Stock, Truro Business Park, Truro, TR4 9NH

Defining issues

Whether the First and/or Second Defendants are liable to the Claimants or to any additional potential Claimants in negligence and/or for breach of statutory duty in respect of:

Medication administered without the Claimant’s consent and without the proper authorisation of a qualified medical practitioner

The use of physical intervention holds to restrain the Claimant in communal areas

The failure to obtain, implement and periodically review a suitable care plan for the Claimant

Conditions and standards of care generally

Whether the First Defendant is liable to the Claimants or to any additional potential Claimants for breach(es) of the Human Rights Act.

Whether the First Defendant is liable to the Claimant for assault or battery.

Whether the First and/or Second Defendants are liable to the Claimants or to any additional potential Claimants to make restitution and/or for breach(es) of fiduciary duty and/or for breach of trust.

91. Winterbourne View

Date of order: 27 February 2013

Court: High Court of Justice, Queen’s Bench Division

Managing court: High Court of Justice, Queen’s Bench Division

Lead solicitors: Andrew Hannam of Foot Anstey LLP, 100 Victoria Street, Bristol, BS1 6HX

Defining issues

In such circumstances as it is proved that the Claimants were either:

themselves abused while under the care of the Defendant at Winterbourne View Hospital (WVH), or

injured by witnessing the abuse of other residents at WVH, or

injured by learning of the abuse of close relatives at WVH between 2006 and 2011:

(a) Is the Defendant vicariously liable for the actions of those persons who perpetrated the abuse?

(b) Is the Defendant a public authority for the purposes of the Human Rights Act 1998?

(c) What are the appropriate levels of (i) general damages, (ii) past losses, (iii) future losses, and (iv) if appropriate, Human Rights Act damages for the Claimants?

90. Recognised Overseas Self Invested International Pensions (ROSIIP)

Date of order: 22 June 2012

Court: High Court of Justice, Queen’s Bench Division, Administrative Court

Managing court: High Court of Justice, Queen’s Bench Division, Administrative Court

Lead solicitors: Dorsey & Whitney (Europe) LLP, 21 Wilson Street, London EC2M 2TD (contact: Simon Whitehead, 020 7826 4581)

Defining issues

Should the Claimant be granted permission to apply for judicial review of the decision to assess the Claimant to tax upon the transfer from a registered pension scheme to ROSIIP [Recognised Overseas Self Invested International Pensions] while ROSIIP appeared on the Defendant’s list of QROPS [qualifying recognised overseas penion scheme]?

Did the Claimant acquire a legitimate expectation that his/her transfer from a registered pension scheme to ROSIIP would not attract tax liabilities if ROSIIP appeared on the Defendant’s published list of QROPS at the date of the transfer and the trustees had received an acceptance letter from HMRC dated 16 November 2006?

Was the decision to assess the Claimant to tax upon the transfer from a registered pension scheme to ROSIIP while ROSIIP appeared on the Defendant’s published list of QROPS contrary to the Claimant’s legitimate expectation (if any) and a breach of public law and/or EU law and/or human rights?

89. Sonae

Date of order: 12 July 2012

Judge: His Honour Judge Stewart QC

Court: High Court of Justice, Queen’s Bench Division, Manchester District Registry

Managing court: High Court of Justice, Queen’s Bench Division, Manchester District Registry

Lead solicitors: Camps Solicitors

Defining issues

Whether the defendant is liable in negligence, nuisance or for breach of statutory duty

Whether the claimants were exposed to smoke, debris, dust, fumes or chemicals from the defendant’s fire (referred to hereafter as ‘smoke’)

Whether the smoke from the defendant’s fire caused the claimants’ injuries by reason of the claimants exposure to it

What symptoms have been/were sustained by individuals who can prove exposure to the smoke from the defendant’s fire

The nature of possible actionable injury and causation thereof

What guidelines should apply to awards of general damages in respect of any injuries sustained by the claimants.

88. PIP Breast Implant

Date of order: 17 April 2012

Judge: Mr Justice Wyn Williams

Court: High Court of Justice, Queen’s Bench Division, Cardiff District Registry, Mercantile Court

Managing court: High Court of Justice, Queen’s Bench Division

Lead solicitors: Hugh James Solicitors

Defining issues

Whether, if it is established that the implants (defined in paragraph 1 above) were implanted in the claimant pursuant to a contract for the transfer of goods within the meaning of section 1 of the Supply of Goods and Services Act 1982 [SOGSA] and/or pursuant to a contract of sales of goods within the meaning of section 1of the Sale of Goods Act 1979 [SGA] to which the defendant (or in the case of an insurer, its insured) was the other contracting party, any of the implied terms pursuant to SOGSA and/or SGA regarding description, satisfactory quality and fitness for purpose were breached.

87. Shared Appeciation Mortgages (SAMs)

Date of order: 5 October 2009

Judge: Mr Justice Mann

Court: High Court of Justice, Chancery Division

Managing court: Chancery Division

Lead solicitors: RWP Solicitors Ltd, Meadow House, 22 Reading Road, Pangbourne, RG8 7LY

Defining issues

Can the questions of (1) the fairness or unfairness of a term arising under Regulation 4(1) of the 1994 Regulations and (2) the fairness or unfairness of a relationship under section 140A of the 1974 Act be determined by reference to the Common Circumstances alone, and without reference to the individual Circumstances of each case, having regard in particular to section 140B(9) of the 1974 Act?

Are the Relevant Provisions in the SAM [shared appreciation mortgage] Loan Agreements in plain and intelligible language within the meaning of Regulation 3(2) of the 1994 Regulations?

If the answer to Issue (2) is “yes”, are the Relevant Provisions exempt from assessment for fairness under the 1994 Regulations by virtue of Regulation 3(2) because they either define the main subject matter of the contract or concern the adequacy of the price or remuneration, as against the goods or services sold or supplied?

If the answer to Issue (2) or (3) is “no”, having regard to the Unfairness Allegations (to the extent that they are proved at trial):
(a) Is the court in a position to conclude that the Relevant Provisions in the SAM Loan Agreements are unfair (for the purposes of Regulation 4(1) of the 1994 Regulations), having regard to the Common Circumstances but whatever the Individual Circumstances of any particular case might be: and
(b) Does the Court so conclude?

If the answers on Issues (2) and (3) above are “yes”, or if the answer on Issue (4)(a) or (4)(b) above is “no”, then, having regard to the Unfairness Allegations (to the extent that they are proved at trial):
(a) Is the court in a position to conclude that the relationships between the lender and Borrower are unfair (for the purposes of Section 140A of the 1974 Act), having regard to the Common Circumstances but whatever the Individual Circumstances of any particular case might be: and
(b) Does the Court so conclude?

If the answer to Issue (5)(b) is “yes”, can the appropriate remedy under Section 140B be determined having regard to the Common Circumstances but without reference to the Individual Circumstances of each case?

If the answer to Issue (6) is “yes”, what is the appropriate remedy under Section 140B of the 1974 Act?

86. Zimmer Metasul Large Diameter Head and Durom Metal on Metal Hip

Date of order: 3 December 2014

Judge: Mr Justice Hickinbottom

Court: High Court of Justice, Queen’s Bench Division

Managing court: Queen’s Bench Division

Lead solicitors: Leigh Day & Co, Priory House, 25 St John’s Lane, London EC1M 4LB. DX 53326 Clerkenwell

Defining issues

Whether there was a defect in the Defendant’s product

Whether the damage was caused wholly or partly by a defect in the Defendant’s product

Quantification of Loss

85. Hafod Landfill

Date of order: 22 October 2013

84. Fleetwood

Date of order: 9 December 2012

83. Monckton

Date of order: 11 November 2012

82. Wildriggs Rendering Site

Date of order: 5 May 2011

81. Construction Industry Vetting Information

Date of order: 10 July 2014

Judge: Master Leslie

Court: High Court of Justice, Queen’s Bench Division

Managing Court: Queen’s Bench Division

Lead Solicitors: Claimant Solicitors Steering Group –

Guney Clark & Ryan Solicitors, 58 Green Lanes, London N16 9NH

Thompsons Solicitors LLP, Congress House, 23-28 Great Russell Street London WC1B 3LW

Leigh Day & Co Solicitors, Priory House, 25 St John’s Lane, London EC1M 4LB

OH Parsons LLP, Sovereign House, 212-224 Shaftesbury Avenue, London WC2H 8PR

Defining issues

(A) Alleged breach of confidence/misuse of private information

Did the Claimant have a reasonable expectation of privacy in the information held by the Services Group and/or Consulting Association or any part of it (“the Blacklisting Information”) in relation to: (a) its collection and retention and/or (b) its disclosure?

Was the information confidential?

Did the Defendant and/or any of the Third Parties owe a duty of confidence to the Claimant in respect of the information?

Did the Defendant and/or any of the Third Parties breach or threaten to breach that duty?

(B) Alleged breach of the Data Protection Act 1998 (“DPA”)

Who was or were the data controller(s) in respect of any personal data of the Claimants recorded in the filing system held by the Consulting Association within the meaning of section 1(1) of the DPA?

If the Defendants or any of them was/were date controllers of any such personal data, did any such data controller(s) fail to comply with the data protection principles in respect of such personal data contrary to section 4(4) of the DPA?

If any other person(s) (including Mr. Kerr) was/were data controllers of any such personal data: (a) Did any such controller(s) fail to comply with the data protection principles in respect of such personal data contrary to section 4(4) of the DPA; and (b) If so, are the Defendants or any of them vicariously liable, whether on their own account or as representative members of the Consulting Association, for any such breach?

In respect of any such breaches as may be established by the Claimants:

(a) What are the principles applicable to any claim for compensation by the Claimants pursuant to section 13 of the 1998 Act and what is the appropriate measure of damages?

(b) What are the principles applicable to Sir Robert McAlpine Ltd’s claim for an indemnity contribution from the Third Parties in respect of any damages that may be awarded to the Claimants?

(C) Alleged defamation

What are the principles applicable in deciding:

(a) whether the claims are statute-barred (albeit the specific facts will vary from case to case);

(b) whether the publications concerning blacklist entries were made on occasions of qualified privilege; and

(c) whether inclusion on the blacklist was in itself defamatory

(D) Joint wrongdoing

Were the Defendants or any of them party to a common design to misuse confidential and/or private information, to defame and/or to act in breach of statutory duty under the DPA 1998 and, if so, did they perform acts on furtherance of any such common design?

(E) Alleged conspiracy

Were the Defendants or any of them party to an agreement or combination to injure the claimants by unlawful means in relation to the operation of the Services Group and/or the Consulting Association?

Did the Defendants or any of them have an intention to injure the Claimants by participation in any such conspiracy, in particular by denying employment to the Claimants?

Did the operation of the Services Group and/or the Consulting Association involve unlawful means by reason of breaches of the Claimants’ employment rights or of the DPA or breach of confidence or misuse of private information?

(F) Other

In respect of any tort or civil wrong which may be established:

(a) What are the principles applicable to any claim for damages by the Claimants and what is the appropriate measure of damages?

(b) What are the principles applicable to the Sir Robert McAlpine Ltd’s claim for an indemnity/contribution from the Third Parties in respect of any damages may be awarded to the Claimants?

80. DePuy Pinnacle Metal on Metal Hip

Date of order: 31 July 2014

Judge: Master Cook

Court: High Court of Justice, Queen’s Bench Division

Managing court: Queen’s Bench Division

Lead solicitors: Leigh Day & Co, Priory House, 25 St John’s Lane, London, EC1M 4LB. DX 53326 Clerkenwell.

Defining issues

Whether there was a defect in the Defendant’s product

Whether the damage was caused wholly or partly by a defect in the Defendant’s product

79. Lyme & Wood Landfill Group

Date of order: 21 November 2013

Judge: Mr Justice Edwards-Stuart

Court: High Court of Justice, Technology and Construction Court

Managing court: Technology and Construction Court

Lead solicitors: Bird & Bird LLP, Hodge House, 114-116 St Mary Street, Cardiff CF10 1DY

Defining Issues

Whether the Defendant is liable to the Claimants for nuisance caused by odour emissions from the Lyme & Wood Landfill Site.

Whether the Claimants are entitled to an injunction

78. RBS Rights issue

Date of order: 19 September 2013

Judge: Mr Justice Hildyard

Court: High Court of Justice, Chancery Division

Managing court: Chancery Division

Lead solicitors: Bird & Bird LLP, 15 Fetter Lane, London EC4A 1JP

Defining issues

Whether there were relevant untrue and misleading statements in the Prospectus, within Section 90(1)(b)(i) of FSMA [Financial Services and Markets Act 2000], and if so what they were.

77. CF Arch cru

Date of order: 14 October 2013

Judge: Mr Justice Warren

Court: High Court of Justice, Chancery Division

Managing court: Chancery Division

Lead solicitors: Harcus Sinclair, 3 Lincoln’s Inn Fields, London WC2A 3AA

Defining issues

Whether by the acts and/or omissions of the Defendant in carrying out or purporting to carry out its role as ACD [authorised corporate director] of each of the CF Arch cru Funds the Defendant: (a) Was in breach of the COLL [Collective Investment Schemes sourcebook] rules and, if so, whether the Claimants, or some of them, have claims in respect of any loss caused by any such breaches pursuant to FSMA [Financial Services and Markets Act 2000] section 138D; (b) owed the Claimants, or some of them, a common law duty of care and, if so, whether the Defendant acted in breach of such duties.

Whether any such breaches as may be established have caused loss to the Claimants and, if so, in what amounts.

76. Visteon UK Ltd

Date of order: 20 December 2012

Judge: Mrs Justice Asplin

Court: High Court of Justice, Chancery Division

Managing Court: Chancery Division

Lead solicitors: Thompsons Solicitors LLP, Congress House, Great Russell Street, London WC1B 3LW. Telephone: 020 7290 0054. Reference: Kate Fox.

Defining Issues

(a) Whether the Ford Motor Company Limited (“Ford”) made statements during the period January 2000 to 1 April 2001 in connection with the transfer of the Claimants’ employment (or of the employment of the former employee of Ford to whom the Claimant’s claim relates) from the Defendant to Visteon UK Limited (“Visteon UK”), to the effect that the Claimants’ accrued pension benefits would be as secure in the Visteon UK Pension Plan as they would have been if they remained in the Ford Hourly Paid Contributory Pension Scheme and the Ford Salaried Contributory Pension Scheme;

(b) Whether such statements, alleged to have been promulgated by Ford via Visteon UK or reported by trade unions, are attributable to, or otherwise the responsibility of, Ford;

(c) Whether Ford owed a duty of care in tort to the Claimants to take reasonable care that such statements were not inaccurate or misleading and/or to correct any misleading impression they created;

(d) Whether the statements made were inaccurate or misleading, in breach of the Ford’s duty of care.

75. Iraqi Civilian Employees

Date of order: 12 July 2010

Judge: The Senior Master

Court: Queen’s Bench Division

Managing court: Queen’s Bench Division of The High Court of Justice, Royal Courts of Justice, Strand, London

Lead solicitors: Leigh Day & Co, of Priory House, 25 St John’s Lane, London EC1M 4LB

Defining issues

All Claims are brought by, or on behalf of, former Iraqi employees of the Defendants in Iraq, and all those contracted via third parties to offer services to the Defendants in Iraq between 2003 and 2009 and seek damages from one or more of the Defendants alleged injuries and/or financial losses caused by the alleged failure of one or more of the Defendants to adequately protect them or their Deceased relatives from risk of threats and/or injury from those opposed to the Defendants’ presence in Iraq.

Defining issues to be considered include: Is the law of Iraq or the law of England & Wales the applicable law for determining: (i) liability; (ii) limitation; (iii) quantum in this matter?

74. Stamp Taxes

Date of order: 21 October 2010

Judge: Mr Justice Roth

Court: High Court of Justice, Chancery Division

Managing court: Chancery Division

Lead solicitors: PricewaterhouseCoopers Legal LLP, 1 Embankment Place, London WC2N 6DX. DX138213 Covent Garden 2. Telephone: 0207 804 1455. Reference: Mark Whitehouse.

Defining issues

The litigation concerns claims that, in specified circumstances, the 1.5% stamp duty and stamp duty reserve tax charges which arise on an issue or transfer of chargeable securities to clearance or depositary services (pursuant to sections 67, 70 and 93 of the Finance Act 1986) are contrary to European Union law.

The litigation also relates to the remedies available to the claimants (including consideration of issues of limitation and/or the effect of any applicable statutory regime in domestic law which permits recovery of stamp duty or stamp duty reserve tax) if, as claimed, the charges are contrary to European Union law in the circumstances specified.

73. Manchester Children’s Homes (No.2)

Date of order: 27 July 2010

Judge: The Honourable Mr Justice Irwin (Nominated Trial Judge) District Judge Fairclough and District Judge Gosnell

Court: Queen’s Bench Division

Managing court: Manchester District Registry

Lead solicitors: Abney Garsden McDonald, 37 Station Road, Cheadle Hulme, Cheshire, SK8 5AF. Reference: 100252/PG/PG.

Defining issues

In respect of common or related issues of fact or law:

Alleged personal injury of Claimants arising out of abuse, maltreatment lack of care and assaults carried out by the Defendants’ servants or agents during the period Claimants were resident at any children’s home managed or controlled by Manchester City Council.

72. Norton Aluminium

Date of order: 26 May 2010

Judge: The Honourable Mr Justice Flaux

Court: Queen’s Bench Division

Managing court: High Court Of Justice, Birmingham District Registry

Lead solicitors: Hugh James of Hodge House, 114-116 St Mary Stree, Cardiff CF10 1DY. Reference: EGE/GL/NOR324/1.

Defining issues

Whether for the period beginning on 26th February 2002 the Claimants’ complaints of nuisance as a result of phenolic, sulphurous or other odurs, noise, smoke abd fumes and particulate matter/dust are complaints about emissions caused by the Defendant as a result of the management and operation of its foundry business at Norton Canes, Cannock , Staffordshire. (2 other common or related issues of fact or law are included.)

71. Linkwise

Date of order: 19 June 2008
Judge: The Honourable Mr Justice MacDuff

Court: Queen’s Bench Division

Managing court: High Court of Justice Queen’s Bench Division, Birmingham District Registry

Lead solicitors: Russell Jones & Walker- 11th Floor, The McLaren Building, 35 Dale End, Birmingham B4 7LN. Reference: RCL/CQS/Linkwise/604759.2.

Defining issues

Whether the Linkwise furniture supplied by the Defendants to the Claimants was “defective” within the meaning of the Consumer Protection Act 1987 and/or not “of satisfactory quality” within the meaning of the Sale of Goods Act 1979 and the Supply of Goods and Services Action 1982 (3 other points in respect of common or related issues of fact or law).

70. Opiate Dependant Prisoners (No.2)

Date of order: 21 July 2009

Judge: The Senior Master

Court: Royal Courts of Justice

Managing court: Queen’s Bench Division

Lead solicitors: Messrs Bhatt Murphy of 27 Hoxton Square, London N1 6NN (claimants’ solicitors)

Defining issues

Did the system operate in the relevant prisons or any of them at any material time (and if so which and when) of (i) stopping the community prescribed opiate maintenance prescriptions of opiate dependant prisioners and (ii) offering them only a detoxification regime? etc.

69. Westmill Landfill

Date of order: 27 March 2009

Judge: The Honourable Mr Justice Coulson

Court: Royal Courts of Justice, Queen’s Bench Division

Managing Court: Technology and Construction Court

Lead solicitors: Hugh James Solicitors, Hodge House, 114-116 St Mary Street, Cardiff CF10 1DY. Telephone: 0209 2022 4871.

Defining issues

Whether the Defendant is liable to the Claimants in respect of odour emissions from Westmill Landfill site.

68. Seroxat

Date of order: 29 October 2008

Judge: The Senior Master of the Queen’s Bench Division

Court: Queen’s Bench Division

Managing Court: Royal Courts of Justice

Lead solicitors: Hugh James Solicitors (Harmful Products Department) of Hodge House, 114-116 St Mary Street, Cardiff CF10 1DY

Defining issues

Does Seroxat have a capacity to cause adverse effects consequent upon or following discontinuance (withdrawl) such as prevent or make more difficult the ability of users to discontinue, withdrawal from or remain free from taking Seroxat to a greater extent than all other Selective Serotonin Re-uptake Inhibitors (SSRIs).

67. North Wales Children’s Homes

Date of order: 25 May 1999

Judge: The Senior Master of the Queen’s Bench Division

Court: Queen’s Bench

Managing court: Royal Courts of Justice

Lead solicitors: Uppal Taylor of 10 Bridgeford Road, Nottingham NG2 6AB. DX 10065 Nottingham

Defining issues

Claims brought by Claimants claiming damages for personal injury arising out of alleged abuse maltreatment and assaults perpetrated against them whilst they were in the care of various children’s homes.

66. Ocensa Pipeline

Date of order: 24 September 2008

Judge: The Senior Master of the Queen’s Bench Division

Court: Queen’s Bench

Managing court: Royal Courts of Justice

Lead solicitors: Leigh Day & Co, Priory House, St John’s Lane, London EC1M 4LB

Defining issues

(Subject to sub-categorisation of cases which may become necessary in the future),

Is the law of Columbia, or England & Wales the applicable law for determination of (i) liability, (ii) limitation & (iii) quantification of loss and damage

Did the Defendant owe the Claimants a duty of care in relation to the design and construction and maintenance of the oil pipeline between the Cusiana-Cupiagua oilfields and the port of Covenas in Columbia (the Ocensa Pipeline)

If a duty of care was owed, what was the standard of care owed? etc.

65. MSC Napoli

Date of order: 9 June 2008

Judge: Mr Justice Steel

Court: Admiralty and Commercial Court, Queen’s Bench Division (of the Royal Courts of Justice)

Managing court: Admiralty and Commercial Court (Royal Courts of Justice)

Lead solicitors: Clyde & Co, Beaufort House, Chertsey Street, Guildford, Surrey GU1 4HA. Telephone: 01483 555 555. Fax: 01483 567 330.

Defining issues

Whether Defendants breached any obligation or duty they were under contract, tort, bailment, under the Hague or Hague-visby Rules so as to cause MSC Napoli to suffer structural damage and water ingress on 18/1/07 which led to the vessel being deliberately beached off the Devon Coast 20/1/07.

64. Powertrain

Date of order: 10 October 2007

Judge: His Honour Judge MacDuff QC

Court: Birmingham County Court

Managing court: Birmingham County Court

Lead solicitors: Rowley Ashworth Solicitors of St John’s House, St John’s Square, Wolverhampton WV2 4BH. Telephone: 01902 771551. Reference: KDL/SJ/17166/2129/ Various Claimants.

Defining issues

Whether the defendants is liable for the onset, development aggravation of asthma, alveolitis and other respiratory complaints arising out of exposure to contaminated metal working fluid and/or pollution at Powertrain.

63. St William’s

Date of order: 5 September 2006

Judge: His Honour Judge Hawkesworth QC

Court: Dewsbury District Registry

Managing court: Dewsbury District Registry, Queen’s Bench Division

Lead solicitors: Jordans Solicitors of Grainstore, Woolpacks Yard, Wakefield, West Yorkshire WF1 2SG

Defining issues

Alleged personal injury arising out of abuse, maltreatment, assults and negligence to the Claimants, carried out by Defendants employees, servants or agents while the Claimants were in the care of the Defendants at the St William’s School.

62. Miner’s Knee

Date of order: 21 December 2006

Judge: His Honour Judge Grenfell

Court: Leeds County Court

Managing court: Leeds County Court

Lead solicitors: Hugh James Solicitors of Martin Evans House, Riverside Court, Avenue de Clichy, Merthyr Tydfil CF47 8LD and Irwin Mitchell of Sheffield for the purpose of service and receipt of documents.

Defining issues

To follow common or related issues of fact or law in respect of the alledged liability of the National Coal Board and/or British Coal Corporation (NCB/BCC) their successors the Department for Trade & Industry (DTI) for chronic knee injury suffered by their employees as a result of underground work in mines between 1949 and 1994, where chronic knee injury means diabling symptoms of the knee joint(s) resulting from damage to the menisci and/or osteoarthritis, but does not include bursitis.

61. Atomic Veterans

Date of order: 16 July 2007

Judge: The Senior Master of the Queen’s Bench Division

Court: Royal Courts of Justice, Queen’s Bench Divison, Central Office

Managing court: Queen’s Bench Division, Central Office

Lead solicitors: Rosenblatt Solicitors, 9-13 St Andrew Street, London EC4A 3AF. DX 493 London/Chancery Lane. Telephone: 0207 955 0880. Reference: CJH/mmd/AT03-1.

Defining issues

Upon claims brough by thos atomic veterans (whether civilian or military) who participated in the British programme of testing of nuclear explosive devices between 1952-1958 set out in Master Particulars of Claim.

60. Soviva Hotel

Date of order: 2 November 2006

Judge: The Honourable Mr Justice Gibbs

Court: Birmingham District Registry

Managing court: Queen’s Bench Division, Birmingham District Registry

Lead solicitors: Irwin Mitchell Solicitors of Imperial house, 31 Temple Street, Birmingham B2 5QB. DX 13030 Birmingham. Telephone: 0870 1500 100. Reference: PB.H/CG/(SSC)/EAT/SOVTUN/Dawson & Others/FIR.

Defining issues

Upon the claims brought by customers of the Defendants the following issues of fact arise:

To determine whether the scope of the Defendants’ (First Choice Holidays & Flights Ltd) obligations in contract and/or tort and /or under statutory regulations; Whether the Defendants or its suppliers of services were in breach of those obligations; If so whether the Defendants’ breaches of those obligations caused the Claimants to suffer injury; In the event that the Defendants are liable to the Claimants quantification of damages.

59. VAT Interest Cars

Date of order: 28 June 2007

Judge: Mr Justice Henderson

Court: High Court of Justice, Chancery Division

Managing court: High Court of Justice, Chancery Division

Lead solicitors: McGrigors LLP, 5 Old Bailey, London, EC4M 7BA. DX 227 Chancery Lane. Telephone: 0207 054 2500. Reference: Jason Collins.

Defining issues

To determine whether the claimants, being motor vehicle dealers who made successful claims for the refund of VAT for periods between 1973 and 1996, are entitled to a remedy to restore them to the position that they would have been in had they not paid overpaid VAT; and if so, is that remedy to be effected by a) the payment of money to represent the difference between simple interest already paid by HM Revenue & Customs and compound interest or b) some other remedy, and, if so, what?

58. Abidjan Personal Injury

Date of order: 12 March 2007

Judge: Master Turner

Court: Queen’s Bench

Managing court: Royal Courts of Justice

Lead solicitors: Martyn Day of Leigh Day & Co, Priory House, 25 St John’s Lane, London EC1M 4LB. Telephone: 0207 650 1234.

Defining issues

The Litigation conerns claims that claimant’s have sustained an injury as a result of alledged exposure to materials originating from the vessel, Probo Koala, which discharged at Abidjan on the 19th-20th August 2006.

57. St William’s

Date of order: 5 September 2006

Judge: His Honour Judge Hawkesworth QC

Court: Dewsbury District Registry

Managing court: Dewsbury District Registry

Lead solicitors: Jordans Solicitors, The Grainstore, Woolpacks Yard, Wakefield WF1 2SG. Telephone: 01924 387 110. Fax: 01924 379 113. DX 15031 Wakefield. Reference: DAG/St William’s.

Defining issues

Alleged personal injury arising out of abuse, maltreatment, assaults and negligence to the Claimants, carried out by the Defendants’ employees, servants or agents while the Claimants were in the care of the Defendants at the St William’s School, Market Weighton, East Yorkshire.

56. Parkwood

Date of order: 23 August 2006

Judge: His Honour Judge Bullimore

Court: Sheffield District Registry

Managing court: The Technology and Construction Court, Sheffield District Registry

Lead solicitors: Hugh James Solicitors, Martin Evans House, Riverside Court, Avenue de Clichy, Merthyr Tydfil CF47 8LD. Telephone: 01685 371 122. Fax: 01685 350 325. DX 53401 Merthyr Tydfil. Reference: Neil Stockdale [NAS/SF/PAR780/1].

Defining issues

Whether the Defendant [Viridor Waste Mangement Ltd] is liable to the Claimants in provate nuisance by reason of malodours, litter, dust, scavenging birds, flies and other pests from the landfill site at Parkwood, Sheffield

55. Lincoln Prison

Date of order: 3 August 2006

Judge: His Honour Judge Inglis

Court: Lincoln County Court

Managing court: Lincoln County Court

Lead solicitors: Sills & Betteridge, 46 Silver Street, Lincoln LN2 1ED. DX 11025 Lincoln. Telephone: 01522 510 463. Fax: 01522 510 463. Reference: SRW.HW.58821-3.

Defining issues

This Order applies to the following GLO [Group Litigation Order] issues in proceedings brought by prisoners or former prisoners against the Home Office arising out of a disturbance at Lincoln Prison on 23rd and 24th October 2002:

(1) The nature, extent and scope of any duty owed by the Defendants to the Claimants and whether such duty was discharged in the circumstances of the case

(2) Whether it was reasonably foreseeable that, in the event of a riot or disturbance, prisoners in different parts of the prison other than E Wing (the wing where vulnerable prisoners were located) would be targeted or be the subject of threats or violence

(3) Whether the keys or locks installed at the time of the riot in October 2002 were reasonable and adequate to discharge the duty of care owed to the Claimants

(4) Whether the failure to implement improvements in security recommended in May 2002 (principally the installation of KR locks at key points in the prison including access to residential accommodation in the event of an ordinary lock compromise) amounted to a breach of duty

(5) Whether there was any, or any adequate, contingency emergency evacuation plan for E Wing and whether any lack of, or a failure to implement, such a plan amounted to a breach of duty

(6) If the Defendants were in breach of duty in respect of issues (3) or (4) or (5), whether the outcome for (i) the Claimants on E Wing and (ii) the Claimants on other wings would have been different if the keys or locks installed had been adequate, or an adequate contingency emergency evacuation plan had been implemented

(7) The nature and extent of any duty to provide follow up counselling or psychiatric intervention for the Claimants

(8) If there was such a duty whether it was breached

(9) Whether the Claimants establish physical or psychiatric injury and causation

(10) Whether Articles 2 or 3 are engaged and whether they were violated. Whether a human rights claim (if limitation can be overcome) adds anything to the substantive allegations.

54. Missing Trader Intra-Community (MTIC) Damages

Date of order: 21 June 2006

Court: Queen’s Bench Division (on transfer from Chancery Division)

Managing court: Commercial Court, Queen’s Bench Division, Royal Courts of Justice

Lead solicitors: LA Piper Rudnick Gray Cary UK LLP, 3 Noble Street, London
EC2V 7EE. DX 33866 London Finsbury Square. Telephone: 08700 111 111. Reference: Michael Anderson.

Defining issues

To determine

A: whether

(i) the raising of an assessment(s) to value added tax (“VAT”) and/or
(ii) the refusal to pay an amount claimed by way of repayment of value addede tax and/or
(iii) the delaying of the making of a repayment of value added tax pending verification of the claim or other administrative measure and/or
(iv) the setting off of an amount due by way of repayment of value added tax

in respect of transactions which gave rise to a valid VAT repayment claim but which the Commissioners of Her Majesty’s Revenue and Customs decided formed or may have formed part of a Missing Trader Intra Community fraud and, to that extent, fell outside the scope of VAT, was in breach of the Sixth EC Council Directive 77/338/EEC (“the Sixth Directive”);

B: whether the aforesaid actions were in breach of any other principles or provisions of European Community Law;

C: in so far as the aforesaid actions were in breach of the Sixth Directive or any other principles or provisions of European Community Law, whether any such breadh falls within the scope of the principles arising out of Francovich and Bonifaci v Italy (Joined Cases C-6/90 and C-9/90 [1991] ECR I-5357).

53. Corby

Date of order: 14 February 2006

Judge: Mr Justice Akenhead

Court: Technology and Construction Court

Managing court: Royal Courts of Justice

Lead solicitors: Collins Solicitors, 20 Station Road, Watford, Hertfordshire WD17 1AR. DX 51516 Watford 2

Defining issues

Law:

To determine whether in the management and execution of land reclamation contracts which involved toxic waste which included heavy metals, Polycyclic Aromatic Hydrocarbons, and dioxins in Corby, Northamptonshire between about 1985 and 1999, the Defendant (Corby Borough Council) owed a duty to the Claimants to take reasonable care to prevent the airbourne exposure of the Claimants’ mothers to such toxic waste durnig the embryonic stage of pregnancy.

Fact:

(i) In the event that any such duty was owed, whether the Defendant was in breach of that duty and, if so, in respect of which contracts, which sources of airbourne contamination, which contaminants, at which times and which geographical areas relevant to those Claimants on the Register such airbourne contamination extended to.

(ii) Whether any such breach had the ability to cause upper and or lower limb defects to the Claimants of the type complained of.

(iii) Whether any alleged loss arising out of such breach was forseeable.

52. Mogden

Date of order: 21 December 2005

Judge: Mr Justice Ramsey

Court: Technology and Construction Court

Managing court: Technology and Construction Court

Lead solicitors: Hugh James, Martin Evans House, Riverside Court, Avenue De Clichy, Merthyr Tydfil CF47 8LD. DX 53401 Merthyr Tydfil. Reference: NAS/SL/MOG25/1.

Defining issues

To determine whether the Defendant is liable to the Claimants in respect of odour emissions and / or in respect of mosquitoes from the Mogden Sewage Treatment Works.

51. Fetal Anti Convulsant (FAC)

Date of order: 25 August 2005

Judge: The Senior Master of the Queen’s Bench Division

Court: Queen’s Bench Division, High Court

Managing court: Queen’s Bench Division, High Court, Master Leslie

Lead solicitors: Irwin Mitchell, Riverside east, 2 Millsands, Sheffield, S3 8DT

Defining issues

Each Claimant alleges that his or her Mother was prescribed with, and ingested anti-convulsant medication containing sodium valporate while pregnant with the Claimant, and the medication prescribed and ingested during such pregnancy included a sodium valporate product, whether or not any other anti convulsant product was also prescribed and ingested during such pregnancy, and that the product or products were defective within the meaning of sections 2 and 3 of the Consumer Protection Act 1987 and article 4 of the EU Directive 85/374/EEC.

50. DePuy Hylamer

Date of order: 8 August 2005

Judge: Senior Master

Court: Queen’s Bench Division, High Court

Managing court: Queen’s Bench Division, High Court

Lead solicitors: Leigh Day & Co, 25 St John’s Lane, London, EC1M 4LB

Defining issues

Claimants were fitted with a Hylamer Ogee Acetular Cup during hip replacement surgery, and it is alleged in each case that the hip replacement has subsequently failed and that the Product was defective pursuant to sections 2 & 3 of the Consumer Protection Act 1987 and that its safety was less than persons generally were entitled to expect. The earlier failure of the hip replacement is asserted by the Claimants to have been caused or materially contributed to by a defect in the Product, namely that it had a greater tendency to wear than was appropriate in the light of its intended purpose and other related factors.

49. Dexion Deafness

Date of order: 28 April 2005

Judge: His Honour Judge Farnworth

Court: Luton County Court

Managing court: Luton County Court, His Honour Judge Farnworth. District Judge Gill or District Judge Hewitson-Brown

Lead solicitors: Pictons, 28 Dunstable Road, Luton, Bedfordshire, LU1 1DY

Defining issues

Matters arising out of Claimants personal injury (industrial deafness) arising out of the Claimants’ employment with the Defendants at their premises at Maylands Avenue, Hemel Hempstead, Hertfordshire specifically relating to the Claimant’s deafness caused by excessive noise at the Defendants premises from 1963 to 2003.

48. Torremolinos Beach Club

Date of order: 21 April 2005

Judge: The Senior Master of the Queen’s Bench Division

Court: High Court, Queen’s Bench Division

Managing court: High Court, Queen’s Bench Division

Lead solicitors: Smith Partnership, 4th Floor, Celtic House, Heritage Gate, Friary Street, Derby, DE1 1LS

Defining issues

Pain, suffering and loss of amenity and/or diminution in value and/or loss of enjoyment of holidays and/or losses and expenses sustained by them during their stays at the Hotel Torremolinos Beach Club Hotel between October 2000 and July 2002 as a result of the Defendants’ alleged breach of contracts, the Defendants’ and/or suppliers of other services failure to properly perform their obligations to the Claimants in accordance with the Package Travel, Package Holidays and Package Tours regulations 1992.

47. Staffordshire Children’s Homes

Date of order: 11 February 2005

Judge: Mr Justice Gibbs

Court: Birmingham District Registry, Queen’s Bench Division

Managing court: Birmingham District Registry, Queen’s Bench Division, His Honour Judge MacDuff QC

Lead solicitors: Smith Partnership, 4th Floor, Celtic House, Heritage Gate, Friary Street, Derby, DE1 1LS

Defining issues

Maltreatment, sexual, physical and

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