We are seeing all our clients to individually advise on the prospects of each of their claims and to get their authority to negotiate a potential settlement if the opportunity arises. We are hopeful that the Foreign and Commonwealth Office will negotiate as we believe the case against them is strong. With that in mind and further to the discussion and advice regarding settlement of your case we would like to take the opportunity to update you with regards the litigation generally.

In any Group Litigation it is unworkable for the Court to hear and consider each individual claim. In this litigation, approximately 25 test cases will be tried that provide an accurate representation of the range and type of claims on the Group Register. The cases to be tried will be selected from a pool of 40 randomly selected test cases. These claimants have been informed of their selection and the potential need to give evidence. The trial of the main issues within this case which relate to the UK Government’s liability will start in October 2016. However, the Judge has indicated that he will start hearing evidence from the Test Case Claimants earlier than the start of the Trial date, namely in May 2016. Joint medical evidence of the test case claimants has now been received which is part of our preparation in readiness for the trial next year.

It is important for you to be aware, however, that the British Government (through its lawyers) has indicated quite clearly that it is denying liability completely in respect of the Emergency and the events that took place during it. We do not think that this approach is sustainable but we will in any event be ready for trial should there be no settlement prior to then.

We would also like to reassure you that you are not required to pay any money to us, or any other party, in order to be part of this litigation, or in order to receive a settlement. If you are approached by any party asking for money, please contact ourselves or Miller & Co (our Kenyan agents) straight away.

Finally please note that If you first instructed us prior to 1 April 2013, we did try to get After the Event Insurance on your behalf. Unfortunately we were unsuccessful and, in the event the litigation fails, you may have to pay some or all of your opponents’ costs. If you instructed us after 1 April 2013 it is likely that you would be protected by Qualified One-Way Costs Shifting as detailed in the agreement you signed with us.

Miller & Co can be contacted on:

Miller and Company Advocates Nairobi, Standard Street, Bruce House 13th Floor PO Box 45707-00100 Nairobi
Kenya Tele : +254 20 2248461
Email: miller@milleradvocates.com
Tandem Law Email : kenya@tandem-law.com

Tandem Law