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Update Bulletin - February 2008

Re: PTSD Group Action

I understand that you will be anxious to know what has been happening in the Appeal and I am conscious that it is some time since my last letter, however I thought it best to wait until I had some concrete news before writing. I am pleased to report that the Appeal has been provisionally listed for hearing on 9th June. This was contrary to the wishes of the Defendant, and, because of some difficulties on their part, the Court of Appeal reviewed the case in December and then again on Friday 8th February. On that date Mr. Dingemans, QC persuaded the Court of Appeal on our behalf that the matter should not wait until after the summer vacation. We have suggested a timetable for the preparation of documents, etc. for the Court and it is for this reason that the date given is to some extent provisional. The Defendant has indicated that they believe the timetable suggested is too tight, but for our part we will continue to press ahead and to do everything possible to retain the June date. It is more likely than not that it will proceed in June.

Perhaps more significantly, both Mr. Justice Coghlin in his recent judgment on costs and others matters, and the Lord Chief Justice, in dealing with the matter on 8th February, both indicated in the strongest of terms to the Defendant that it would be expected that mediation should be seriously considered. Indeed, the Lord Chief Justice said that when the Appeal is heard the Court will want to know whether proper attention has been paid by the parties to engaging in mediation and, if not, then that would be reflected in the Court of Appeal's judgment. The Defendant has repeatedly refused to enter into mediation until now, insisting that they would not do so until a number of individual cases had succeeded. Their view was that we would simply have to keep running cases and that they would fight each one. It is hoped that they will now reconsider the stringent line they have taken in the light of the Lord Chief Justice's comments, although, based on past experience I would not wish to raise hopes unduly.

Clearly the advantage of mediation is that matters can be resolved more quickly, more cheaply in terms of costs, and a wider range of solutions might be available. Many of you have repeatedly expressed the view, for example, that some form of acknowledgement of your suffering would be appropriate. Many would also still benefit from treatment if it were to be made available, and many would wish to be compensated financially in some way. Effective mediation can potentially accommodate all of those issues.

As a result of all of the above I have included a short form with this letter. I am very conscious that you have been asked some of these questions before, and have perhaps answered them at some length, but firstly I need to update your files, and secondly I need short answers to create a database of each case so that either in the event of mediation, or if further cases have to be selected to proceed, this can be done quickly and easily. I am sorry to have to ask you to answer more questions, but it would be very helpful if you would take the time to complete the form as briefly as possible.

You will see on the form that I do need the answers in writing, this is for two reasons - first, I would like to have the answer in your own words, and, secondly, it will simply not be possible to meet the deadlines for the Appeal, or to collate all of the necessary information if I am dealing with individual telephone calls.

I hope that this letter adequately explains the current position and I look forward to receiving the enclosed form completed at your earliest convenience.

Yours faithfully,

EDWARDS & CO.,

Dorcas E.A. Crawford.