Capper Pass 5

The RIO TINTO Campaign site

Towells Solicitors
WESTMORLAND CHAMBERS
8-10 WESTMORLAND STREET • WAKEFIELD • WF1 1PJ
TELEPHONE 01924 370881 FAX 01924 290562

5 June 2000 (12.30pm)

PRESS STATEMENT

Press Statement released by David Russell,
Senior Partner of Towells, Solicitors, Wakefield

David is Senior Regional Solicitor to the Transport & General Workers Union. He represents former workers, their families and residents in a proposed Class Action against Rio Tinto PLC, the parent company of Capper Pass & Son Limited, North Ferriby, Hull. Capper Pass was the world's largest tin smelter, and closed in 1991. Closure and decommissioning continued until 1995. Earlier Press Releases and extensive documentation are available, upon request.

A major investigation report into Rio Tinto's Operation at Capper Pass was due to be distributed on 5 June. The background includes cancers, and diseases suffered by former employees and residents, as well as issues arising in connection with childhood leukaemia clusters, adult brain tumours and widespread environmental damage. Matters of extreme concern included the discharge of toxic, carcinogenic and radioactive materials. Radioactive emissions from the Capper Pass Plant included Polonium 210.

HOUSE OF COMMONS, UK

Three Early Day Motions were tabled in the House of Commons on Rio Tinto's Operation at Capper Pass. The EDMs were tabled on 19 May 1999,14 June 1999 and 10 May, 2000. Copies are attached. The EDM of 10 May, 2000 entailed Parliament expressing grave concern that the London-based Rio Tinto, the largest mining company in the world, had made a series of false statements that during its operation of the Capper Pass Tin Smelter in Hull, it had fully complied with all Environmental, Health and Safety Regulations. In respect of Rio Tinto's false statements, also attached is a publication: Financial Times Global Water Report (14 January 2000) entitled Rio Tinto Regrets.

DEVELOPMENTS

* Rio Tinto "will not contest" negligence on Capper Pass

* Rio Tinto admits it is "very concerned" by continuing claims that Capper Pass Smelting Plant caused harm to employees and neighbouring residents.

* Rio Tinto proposes "claims procedure" to avoid massive litigation from Hull employees and families.

* Rio Tinto will pay compensation on the merits of each case.

David Russell:

Introduction: Rio Tinto's Offer

On Thursday night, 15th June, Rio Tinto's London Lawyers, Linklaters approached us. We were told that Rio Tinto was "very concerned by the continuing allegations that Capper Pass & Son Limited (one of its former subsidiaries) may have caused harm to employees and neighbouring residents". Rio Tinto recognised that the massive litigation to be pursued on behalf of former employees, their families, residents and others would be "exceedingly costly and protracted". Even though Rio Tinto was "confident that it would be successful in any such litigation", it made me the following offer.

Rio Tinto's Proposals

(Quotation of text is from Linklaters' open letter dated 1st June).

Rio Tinto proposed "that a procedure, adopting normal legal principles, should be established to identify claims, to consider any expert or factual matters which may be submitted by either side and to decide compensation according to the merits."

Rio Tinto will pay compensation on an ex gratia basis. However, Rio Tinto's offer went very much further than that. In respect of every single claim pursued for former workers, residents or their surviving families, Rio Tinto will not contest that the injuries or illnesses suffered were due to the negligence of Capper Pass. Further, Rio Tinto will not contest any case on legal time limits, known as Limitation. Even if a claim was Statute-barred, it could still proceed. Rio Tinto will admit in each and every case, that it owed the employees or residents a Duty of Care, an important legal requirement. That leaves us to prove Causation. Finally, even if a case is unsuccessful (because, for example, the medical evidence was unfavourable), no Claimant will ever have to pay any of Rio Tinto's legal fees.

In making that offer on Rio Tinto's express instructions, its Lawyers stated that "very significant concessions" had been made which should be a "major attraction" to my clients.

Acceptance of the Offer

Having received that offer on Thursday night (1st June), we worked on it non-stop. In the event, on Friday night (2nd June), I faxed Rio Tinto's Lawyers, given notice that I accepted those proposals, in principle. We will now be engaged in negotiating the full claims procedure for determining compensation. Rio Tinto had given assurances that its proposals will result in "speedy resolution" of claims.

Investigation Report

Rio Tinto's offer came, quite literally, the night before our Investigation Report into its operation at Capper Pass, was due to be distributed. That was a major report into Rio Tinto, incorporating detailed evidence as to the way in which Capper Pass had operated, in flagrant disregard of all Health, Safety and Environmental Regulations. We demonstrated how workers and residents had been exposed to radioactive, carcinogenic and toxic substances. We showed how the River Humber and the East Yorkshire atmosphere were nothing more than vast dustbins for the Capper Pass Plant. We recited evidence, showing how the Regulators responsible for Capper Pass, had shirked their statutory responsibilities, contributing towards a human and environmental disaster. I came across family after family, where their lives had been cursed by the legacy of Capper Pass. Release of the Investigation Report was to have been followed by litigation.

Acceptance of Rio Tinto's Offer: Importance

BACKGROUND

This has been a stunning development. I cannot overstate the importance of the events of the last few days. Rio Tinto has declared for the better part of 20 years that it has no legal liability. Even one year ago, Rio Tinto told us that they had no responsibility whatsoever for Capper Pass, maintaining that the company had been sold, changed its name, and was nothing to do with them. Then, Rio Tinto took us head-on, claiming that Health, Safety and Environmental matters, they had, at all times, complied with all statutory Regulations. Rio Tinto also declared that in every previous statutory investigation, they had been given the all-clear, effectively, having been vindicated, as being beyond criticism. Even when they were caught discharging Polonium-210 (radioactive material) into the atmosphere of East Yorkshire, they paraded the National Radiological Protection Board (NRPB) to show that the nuclear fall-out levels were perfectly healthy. They omitted to mention that the NRPB was Rio Tinto's paid Radiological Advisor. Having left a swathe of cancers, childhood leukaemia clusters and adult brain tumours, Rio Tinto closed the Capper Pass Tin Smelter, and moved on. What neither Rio Tinto nor the Regulators told the workers, residents and families was that the Capper Pass Plant had been out of control, and that it had been subject to a major, multi-disciplinary investigation by the Health and Safety Executive. That investigation had established that health and safety - to include radiation safety - on the world's largest tin smelter was appalling, and that safety management was incompetent. We traced the workers, families and residents concerned. We obtained a massive amount of evidence, to include the documentation of the Environment Agency, East Yorkshire Council and others. We established that there had been a major cover-up but that, at the end of the day, Rio Tinto had left Hull with a health and environmental catastrophe.

DECISION TO ACCEPT RIO TINTO'S PROPOSALS

Rio Tinto's offer could not have been made later in the day: it has certainly been a cliffhanger. However, the admissions and concessions made by Rio Tinto are staggering, nothing more, nothing less. I know that Rio Tinto are claiming today that their offer was nothing to do with the fact that the Investigation Report was scheduled for distribution today. However, Rio Tinto made its offer 48 hours before publication. After 20 years of denials, the timing of Rio Tinto's offer is remarkable. I do not believe in coincidences and it is clear, therefore, that the Investigation Report and the campaign has triggered this massive climb-down on the part of Rio Tinto.

CONCLUSIONS

The former workers, families and residents can now obtain justice, without having to face expensive Court cases. In each and every case, Rio Tinto will not contest that Capper Pass was negligent, in causing the injury, illness or death. The tragedy is that many of those who suffered cancer as a result of the Capper Pass Operation, have already died. The normal time limit for bringing cases for injury, illness or death is 3 years. Cases older than that are often held to be Statute-barred, and cannot proceed. However, in respect of even the old cases, Rio Tinto have now waived all of their rights. They will not contest any case on time limits, known as a Limitation Defence. Further, in litigation, you have to establish that a Defendant owed you a Duty of Care, before it can be held liable. Again, in each and every case - whether from employees, families or residents - Rio Tinto will admit that it owed the Claimant a Duty of Care. Even if a claim fails, due to unsupportive medical evidence, or otherwise, Rio Tinto will not be entitled to legal costs. Claims can proceed, therefore, without any worry on the part of the families.

On any consideration, this is a massive victory for the people of Hull. This case has become HULL V. RIO TINTO. It is not over yet, but we are getting there. We have been fighting Rio Tinto for the better part of 3 long and very hard years. Certainly, we will see it through to the end. The expense and time involved has, however, been close to ruinous, for all concerned. There cannot, however, have been a better cause to champion. The workers, families and residents are entitled to justice. I will be reporting to all of the families concerned over the course of the next few days. We will also try and assist all of the others, who are coming forward every day, seeking legal help. We have put out a new Freephone helpline: 0800 731 7722.

RIO TINTO INVESTIGATION REPORT

Having regard to our acceptance of Rio Tinto's proposals, I have advised their Lawyers that my Investigation Report will not now be distributed on 5th June. That report contained extensive material on numerous, individual cases. Pending agreement of the new claims procedure with Rio Tinto, it is vitally important that our own evidence on individual cases, should not be disclosed unilaterally. That evidence will be exchanged with Rio Tinto's Lawyers, once the new procedure has been established and implemented. However, a revised Report will be released on a date to be announced.