01482 778 463

We're here to help 01482 778 463

CLAIM ONLINE
Hudgell Solicitors™ | Latest News | Miners failed by Raleys Solicitors may be entitled to more compensation for their vibration injuries.

Miners failed by Raleys Solicitors may be entitled to more compensation for their vibration injuries.



By , professional negligence expert, Neil Hudgell Solicitors.

Between 1999 and 2012, £1.7 billion was paid to miners who suffered vibration injuries whilst working for the National Coal Board, British Coal Corporation and UK Coal.  Hundreds of millions of pounds were also paid to solicitors to advise the miners how to make these claims and the reasonableness of any compensation offers made to them.

But one particular firm – Raleys Solicitors – failed to advise their clients properly and on November 6 2013 His Honour Judge Gosnell, sitting at Leeds County Court, ruled against Raleys Solicitors for the second time for giving injured miners negligent advice.

Miners entitled to claim more for vibration injuries

The case in question was that of Mr Procter.  He had received £11,141 for his injuries but could have, had he received the correct advice, received almost double that amount.  This is because Mr Procter was entitled to make a claim for the tasks he was no longer able to do for himself as a result of his injuries such as DIY, decorating and car maintenance.

Mr Procter is not alone in losing out on compensation: many miners whose vibration injury compensation case was settled by supposed experts are also now discovering that they were wrongly advised and did not receive sufficient compensation.

In Mr Procter’s case, Raleys had sent him a number of standard initial questionnaires to complete, followed by standard letters containing advice about his settlement.

His Honour Judge Gosnell denounces Raleys Solicitors

These three letters are crucial to this claim as they appear to contain the sum total of advice that the claimant received. The claimant claims that he never had any face-to-face meeting with any lawyer employed by the defendants and the defendants have not called any witnesses to give evidence that they actually gave any particular advice.  The defendants have relied on Mr Barber who was a partner at the relevant time who can give evidence that the file shows that the letters were sent and that, in his view, the contents of the letters represent sufficient advice.”

HHJ Gosnell, Para. 10

Entitled to service claims

Raleys had advised Mr Procter to settle his claim in November 2003 for £11,141 without making any allowance for the fact he could no longer mow his lawn, wash his car or even change a plug due to his injuries; despite noting on the file that he could not do this.  All these difficulties meant Mr Procter could have filed for service claims to pay for the costs of getting assistance with these activities.  But, no-one from Raleys met Mr Procter and no-one asked him about this claim. Raley’s defence was that Mr Procter had not told them about these limitations that he was suffering as a result of his vibration injuries.

A specialist solicitor should normally ask questions to ensure a client has provided the information required to progress the claim.  A solicitor should not rely on a client to know what information is needed and should be shared.

The Judge in the case centring on the treatment received by Mr Procter went on to pose an interesting question regarding that duty;

What would a reasonably competent practitioner specialising in this type of work have done?  Would he or she send out a series of long standardised letters to their client and expect him to tick the correct boxes on the tick box form to reflect his instructions or should they have a discussion with the client and try to ensure that he has not only read but understood the correspondence… In my view however it was not too much to ask the solicitor to directly consult with the client to advise him in layman’s terms

HHJ Gosnell, Paras. 26-29

The Judge’s views on Raley’s actions were understandably scathing, having already condemned the same firm not six months previously for the same behaviour.  The implications of this ruling are that in future any solicitor will find it difficult to find an excuse for not having at least a telephone conversation with a client regarding an offer.

Nearly double compensation

In Mr Procter’s case, he would have recovered more than £11,000 on top of his £11,141 – had the claim been made properly.

Mr Procter, like many thousands of others, was a victim of the systems used by Raleys which were designed to process the highest number of claimants for the minimum cost.  The firm had already been subject to findings against them by the Solicitors Disciplinary Tribunal for their conduct of these files in 2009.

Raleys alone handled over 12,200 claims for injured miners suffering from vibration injuries including Vibration White Finger, Hand Arm Vibration Syndrome and Work Related Upper Limb Disorder, taking over £15 million for their work*. Of these 12200 claims, less than 21% included service claims**.

The Scheme paid out to over 170,000 claimants in total.*

Find out what you could be entitled to even if you’ve already claimed for vibration injuries

If you made a claim to the Vibration Scheme but never made a claim for services such as DIY, decorating and assistance with car maintenance then you too may be entitled to further assistance.  Contact our specialist solicitors for a confidential consultation as soon as possible.

*https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/48283/4490-vwf-detailed-statistics.pdf

**Barnaby v Raleys Solicitors (2013) at para 16

No Comments

Leave a Reply

*Required

Request a callback

Request a callback from a solicitor

 I am an existing client.









Looking to see if you're eligible?

Get in touch for free legal advice

0808 159 7699

Call today to speak to an expert

OR
Start your claim

What Our Clients Think

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Overall happy with Hudgell service.

"Overall happy with Hudgell service. The only thing what I would suggest to improve is… "

Miss Izabela

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Due to a serious illness that …

"Due to a serious illness that progressively become life threatening due to a misdiagnocice. I… "

Mr Stewart Gowan

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

During the time of my claim Paul cain …

"During the time of my claim Paul cain has been brilliant at keeping me informed… "

Mrs Lynette Burton

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent solicitors from start to …

"Excellent solicitors from start to finish. Highly recommended. Well be using them again in future.… "

Mr Michael Bentley

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Honest and reliable

"Honest and reliable. My solicitor was available whenever i needed to speak to her."

Miss Leanne Widdowson

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very professional from start to finish

"Very professional from start to finish, kept me informed every step of the way."

Mr Alan Walter Driscoll

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

5 STAR SOLICITORS

"Excellent company I would without doubt recommend this company for the way they handled my… "

JASON NOONAN

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I am extremely happy with the way my case has been handled

"I am extremely happy with the way my case is being handled and so far… "

Mr Dennis Stacey

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

When I had an accident at work

"When I had an accident at work, my next door neighbour told me to make… "

Mr John Bottomley

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Absolutely brilliant service from start …

"Absolutely brilliant service from start to finish. Was kept up to date with proceedings .… "

Mr Malcolm Smart

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I couldn't praise hudgell solicitor's enough

"I couldn't praise hudgell solicitors high enough,I was kept in the know throughout my claim… "

Ashley

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service and really quick pay …

"Excellent service and really quick pay out. Would highly recommend them to friends and family...Thank… "

Mr Stephen Lawry

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Rebecca Cone was amazing

"Rebecca Cone was amazing! No delays No hassle No complications Quick turn over! Constantly been… "

Chelsea

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I was extremely happy with the way my …

"I was extremely happy with the way my case was dealt with by Hudgell Solicitors.… "

Mrs Karen Chys

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Regular contact with client

"Regular contact with client, prompt response to any queries. Professional and courteous."

Mrs Catherine Wilson

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Friendly

"Friendly, efficient & supportive staff throughout"

Paul Westmorland

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell Solicitors helped me with my … Needle Stick Injury.

"Hudgell Solicitors helped me with my claim for a Needle stick injury which occurred in… "

Tammy Chivers

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell solicitors did a great job

"Hudgell solicitors did a great job. I was kept in the loop every step of… "

Ms Jemma Rex

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I cannot thank Hudgel enough for all of …

"I cannot thank Hudgel enough for all of there help advice and support! Very professional… "

Mrs Amy Urwin

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

good contacts

"good contacts . nice system"

Mrs Paulina Kucharska

Rated 9.4 out of 10 based on 369 reviews

Powered by Trustpilot

© 2017 Hudgell Solicitors®. All Rights Reserved.

Hudgell Solicitors is a trading name of Neil Hudgell Limited | Director Dr. Neil Hudgell MA LLB (Hons) LLD | Registered in England No. 7078429 | Authorised and Regulated by the Solicitors Regulation Authority | SRA No. 521372 | VAT Registration No. 254 7802 90