Belfast law firm sues trade union ATGWU

A Belfast firm of solicitors is suing a trade union for allegedly breaching a 10-year contract to provide legal services to its members.

Agnew Andress Higgins has also accused the Amalgamated Transport and General Workers' Union (ATGWU) of misrepresentation and negligence.

The firm is understood to be seeking hundreds of thousands of pounds in unpaid fees and loss of profit.

Services were supplied to union members in injury claims and employment law.

According to legal papers in the case. which opened at the High Court in Belfast on Monday, Agnew Andress Higgins provided advice and representation to the ATGWU since 1985.

ATGWU has since merged with Amicus to form Unite.

But the firm has alleged the union breached the terms of a 10-year contract it said was entered into in 2004.

Agnew Andress Higgins was to continue to receive the same number of members' personal injury claims, which was then averaging more than 400 a year, it was claimed.

Around this period it agreed to provide legal services in industrial tribunal cases free of charge, except for the most sensitive or complex.

Downturn

In its claim, however, the firm alleged its referrals in personal injury claims dropped from 418 in 2004 to 46 in 2007.

However the statement of claim issued on behalf of the firm claims that during that period ATGWU members continued to receive free advice in industrial tribunals.

The document alleged the firm was told by a senior representative of the union that the introduction of a new law practice onto its panel of solicitors would not affect the number of referrals.

It also states partners in Agnew Andress Higgins were told the downturn in personal injury cases was due to an administrative error which would be rectified immediately.

Setting out the claim for damages, the paper contends: "The defendant has been unjustly enriched in that the plaintiffs have carried out free legal work for the defendant and its members involved in employment law cases."

The hearing is expected to last for five days.