Written question asked by Michael Clapham (Labour) on Wednesday, 3 February 2010, in the House of Commons. It was due for an answer on Tuesday, 9 February 2010. It was answered by David Kidney (Labour) on Tuesday, 9 February 2010 on behalf of the Department of Energy and Climate Change.

Industrial Diseases: Compensation

Question: To ask the Secretary of State for Energy and Climate Change whether those instructed to act for his Department in litigation relating to miner's knee have made an assessment of the prospects of success of defending the claims.

Answer: As this matter is before the courts it would not be appropriate to comment. A preliminary issues trial on 'Limitation' will commence on 28 June 2010 and has been listed for five weeks. This will be important to help shape the way forward for this case.For compensation to be payable as a result of the litigation, it must be established that British Coal were negligent as an employer and that the injuries suffered by their employees were caused by that negligence.

Secondary information