Martyn Day
Encyclopedia
Martyn Day is the Senior Partner at Leigh Day & Co
specialising in international, environment and product liability claims, often as group actions. He was a director of Greenpeace
Environmental Trust, having stepped down as chairman of Greenpeace UK in 2008.
Examples of his work include negotiating settlements for approximately 1300 Kenyans injured/killed by British Army munitions, for 52 Colombian farmers in a claim against BP relating to the damage caused to farms in the north of the country and recently being instructed in relation to the allegation that the disposal of waste in the Ivory Coast has led to deaths and injuries in Abidjan and Iraqis alleging torture by British soldiers. He is co-author of Toxic Torts, Personal Injury Handbook, Multi-Party Actions and Environmental Action: A Citizens Guide. In April 2008 Martyn was identified by The Times as one of the UK's most powerful and influential lawyers.
winning documentary filmmaker Philip J Day
.
was established in 1987 by Martyn Day and Sarah Leigh. It has become a highly distinctive law firm with a track record starting they are not afraid to take on challenges that would daunt many others. The firm's ethos is "to ensure that the ordinary person has just as good quality legal advice as our state bodies, insurers and multi-nationals." The firm is best known for taking on many David and Goliath legal struggles for justice.
One of the UK's best-known claimant lawyers, Martyn Day specialises in group claims. He has secured damages in cases including a group of Sellafield nuclear workers suffering from leukaemia and the Japanese prisoner of war cases. He has also won damages claims for Colombian farmers against BP and is currently representing four of the six men injured in last yearís Northwick Park drug trials. He co-founded Leigh Day & Co, where he is senior partner, in 1987.
But while the firm earned millions, the miners it represented won relatively small compensation payouts, averaging just over £2,000.
"This has turned out to be a bonanza for solicitors," said Geoffrey Hopkinson, son of miner George Hopkinson.
Martyn Day has said of the incident, "It is no longer just the Daily Mail who call us "ambulance chasers"..."I still believe that accident lawyers have a key role to play in our society and that we can get away from the "Del Boy" image of recent years. But any more miners-style sagas and our collective reputations will never recover."
n farmers won a multi million pound settlement from BP after the British oil and gas company was accused of benefiting from a regime of terror
carried out by Colombian government paramilitaries to protect a 450 miles (724.2 km) pipeline.
BP denied that it “owed any relevant duty of care” to the claimants, stating that it “did not design, construct or operate the pipeline” and was “at no stage responsible for its maintenance". The company refutes liability for long-term environmental damage, blaming deforestation and cattle grazing for soil erosion and dismissing claims of widespread environmental damage as “significantly inflated".
Marta Hinestroza, a local lawyer who was granted political asylum in the UK after being told that her name had appeared on a paramilitary hitlist, first brought the case to the attention of Leigh Day & Co solicitors, who negotiated an out-of-court settlement for a separate group of farmers in 2006.
In June 2006 BP and the farmers met for mediation in Bogotá. On 22 July 2006 the parties announced that a settlement had been reached. The parties did not disclose the terms and amounts paid. However, in a joint statement they did announce that BP, without admitting liability, had agreed to establish an Environmental and Social Improvement Trust Fund for the benefit of the farmers, together with a programme of workshops dealing with environmental management and business development. According to press reports, the amount paid by BP was not thought to be as high as the £15 million originally claimed, but was believed to run to several million pounds.
Beheer BV, disposed of toxic waste in the Ivorian port of Abidjan.
In November 2006, the High Court of Justice in London agreed to hear a group action by about 30,000 claimants from Côte d'Ivoire against Trafigura over the alleged dumping of toxic waste from the Probo Koala.
The British law firm Leigh Day, which has brought one of the biggest group actions in legal history, seeking damages of £100m. He said at the close of court in Abidjan, where he has been negotiating the settlement: "The claimants are very pleased."
Over 20,000 claimants signed a petition calling for Leigh Day to have responsibility for the payments. Mr Justice MacDuff gave a ruling in October 2009 that Leigh Day should have responsibility for finalising the payments.
In September 2009 an investigation for the identity of, Mr Claude Gouhourou, who claims that he represents the 30,000 claimants. Leigh Day worked out a system for the payment of each claimant through the use of a payment card to be used at the bank's automated teller machine
s in Abidjan. The PINs for the cards were given out in October but just as this process was coming to an end and before the cards could be distributed Leigh Day and the bank were served with a freezing order on the account.
His protest of the funds transfer insists he was one of the fifty or so representatives of the many communities in Abidjan affected by the toxic waste. In his evidence he stated that he and the other representatives had set up a coordinating association of which he was the president and that this association had the responsibility for distributing the compensation monies.
On 22 January 2010, the documents provided by Mr Gouhourou to prove his case have been shown since this time to be false. The other representatives all deny the existence of any such association, the representatives who supposedly signed the association’s inauguration papers deny the signatures were theirs, and the town hall where the association was supposedly registered deny this occurred and their stamp was forged. Leigh Day have lodged criminal allegations with the Ivorian prosecuting authorities in relation to these actions.
in a civil case bought against the British Ministry of Defence and obtained compensation for his family. On 27 March 2008, the British Defence Secretary, Des Browne
, admitted to "substantial breaches" of the European Convention of Human Rights over the murder of Baha Mousa. In July 2008 the Ministry of Defence agreed to pay £2.83 million in compensation to the family of Baha Mousa and nine other men, following an admission of "substantive breaches" of articles 2 and 3 (right to life and prohibition of torture) of the European Convention on Human Rights
by the British Army.
Following the battle of Danny Boy
in May 2004, it is alleged that British Soldiers captured 31 Iraqis following an ambush in May 2004 before killing 22 and leaving only nine injured survivors. On 21 January 2008 the Daily Mail reported that:
On the 25 November 2009, Bob Ainsworth
, then the British Minister of State for the Armed Forces
, announced that a retired High Court judge Sir Thayne Forbes would chair the public inquiry into allegations that 20 Iraqis, taken prisoner during the battle, were murdered and that others were tortured. The British Ministry of Defence denies that the 20 were captured, but that 20 bodes were removed from the battlefield for identification and then return to the families and that a further nine were taken prisoner and held for questioning but were not mistreated.
. In 2001, the pastoral communities in the areas where the British do the exercises claimed that their people are being maimed and killed by unexploded ordnance left behind by the British.
The Ministry of Defence maintains that it has always been for the Kenyan authorities to clear unexploded devices, although it assists in the operation, and was unaware that the Kenyans were failing to make the area safe until last year.
The British Ministry of Defence (MoD) has not accepted full liability for the 228 victims on the grounds that other armies also use the same firing ranges in Archers Post
and Dol Dol, but has agreed to pay the compensation.
October 22, 2002
Why judges should not decide scientific cases
http://business.timesonline.co.uk/tol/business/law/article815219.ece
June 24, 2003
Why Martyn will not be giving up the Day job
http://business.timesonline.co.uk/tol/business/law/article1144613.ece
August 23, 2005
Can oil and principles mix?
http://business.timesonline.co.uk/tol/business/law/article557840.ece
November 1, 2005
Time to end the rich pickings for claims lawyers and insurers
http://business.timesonline.co.uk/tol/business/law/article584221.ece
April 11, 2006
A dangerous side-effect of withdrawing public funding
http://business.timesonline.co.uk/tol/business/law/article703268.ece
June 13, 2007
A "seminal decision" for human rights
http://business.timesonline.co.uk/tol/business/law/article1928010.ece
November 6, 2008
Why 'no win, no fee' is bringing access to justice
http://business.timesonline.co.uk/tol/business/law/article5090524.ece
December 13, 2008
Big fee, no win
http://www.guardian.co.uk/commentisfree/2008/dec/13/law-ukcrime
Leigh Day & Co
Leigh Day & Co is a firm of personal injury solicitors that was set up in 1987. The firm was founded by Sarah Leigh OBE and Martyn Day and now has more than 100 members of staff, including 24 partners. Following Sarah Leigh’s retirement Martyn Day became senior partner of the firm.The firm...
specialising in international, environment and product liability claims, often as group actions. He was a director of Greenpeace
Greenpeace
Greenpeace is a non-governmental environmental organization with offices in over forty countries and with an international coordinating body in Amsterdam, The Netherlands...
Environmental Trust, having stepped down as chairman of Greenpeace UK in 2008.
Examples of his work include negotiating settlements for approximately 1300 Kenyans injured/killed by British Army munitions, for 52 Colombian farmers in a claim against BP relating to the damage caused to farms in the north of the country and recently being instructed in relation to the allegation that the disposal of waste in the Ivory Coast has led to deaths and injuries in Abidjan and Iraqis alleging torture by British soldiers. He is co-author of Toxic Torts, Personal Injury Handbook, Multi-Party Actions and Environmental Action: A Citizens Guide. In April 2008 Martyn was identified by The Times as one of the UK's most powerful and influential lawyers.
Family
Martyn is the elder brother of Peabody AwardPeabody Award
The George Foster Peabody Awards recognize distinguished and meritorious public service by radio and television stations, networks, producing organizations and individuals. In 1939, the National Association of Broadcasters formed a committee to recognize outstanding achievement in radio broadcasting...
winning documentary filmmaker Philip J Day
Philip J Day
Philip J Day is a British Documentary film director and Peabody Award winner. His documentary credits include, National Geographic Channel, Discovery, BBC TV, Channel Four , The History Channel, TLC and PBS....
.
Leigh Day & Co
Leigh Day & CoLeigh Day & Co
Leigh Day & Co is a firm of personal injury solicitors that was set up in 1987. The firm was founded by Sarah Leigh OBE and Martyn Day and now has more than 100 members of staff, including 24 partners. Following Sarah Leigh’s retirement Martyn Day became senior partner of the firm.The firm...
was established in 1987 by Martyn Day and Sarah Leigh. It has become a highly distinctive law firm with a track record starting they are not afraid to take on challenges that would daunt many others. The firm's ethos is "to ensure that the ordinary person has just as good quality legal advice as our state bodies, insurers and multi-nationals." The firm is best known for taking on many David and Goliath legal struggles for justice.
One of the UK's best-known claimant lawyers, Martyn Day specialises in group claims. He has secured damages in cases including a group of Sellafield nuclear workers suffering from leukaemia and the Japanese prisoner of war cases. He has also won damages claims for Colombian farmers against BP and is currently representing four of the six men injured in last yearís Northwick Park drug trials. He co-founded Leigh Day & Co, where he is senior partner, in 1987.
The South Yorkshire firm Beresford
Miners and their relatives approached Beresfords to claim compensation for chronic lung problems and vibration white finger, a hand condition caused by working with vibrating machinery. The firm, based in Doncaster, advertised its services to miners and their families, distributing a yellow flyer across coalfields. It handled 97,651 claims under a scheme agreed by the old Department of Trade and Industry (DTI) to compensate miners for health problems caused by work for British Coal since the 1970s.But while the firm earned millions, the miners it represented won relatively small compensation payouts, averaging just over £2,000.
"This has turned out to be a bonanza for solicitors," said Geoffrey Hopkinson, son of miner George Hopkinson.
Martyn Day has said of the incident, "It is no longer just the Daily Mail who call us "ambulance chasers"..."I still believe that accident lawyers have a key role to play in our society and that we can get away from the "Del Boy" image of recent years. But any more miners-style sagas and our collective reputations will never recover."
Colombian Farmers V. BP
In July 2006, a group of ColombiaColombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
n farmers won a multi million pound settlement from BP after the British oil and gas company was accused of benefiting from a regime of terror
Fear
Fear is a distressing negative sensation induced by a perceived threat. It is a basic survival mechanism occurring in response to a specific stimulus, such as pain or the threat of danger...
carried out by Colombian government paramilitaries to protect a 450 miles (724.2 km) pipeline.
BP denied that it “owed any relevant duty of care” to the claimants, stating that it “did not design, construct or operate the pipeline” and was “at no stage responsible for its maintenance". The company refutes liability for long-term environmental damage, blaming deforestation and cattle grazing for soil erosion and dismissing claims of widespread environmental damage as “significantly inflated".
Marta Hinestroza, a local lawyer who was granted political asylum in the UK after being told that her name had appeared on a paramilitary hitlist, first brought the case to the attention of Leigh Day & Co solicitors, who negotiated an out-of-court settlement for a separate group of farmers in 2006.
In June 2006 BP and the farmers met for mediation in Bogotá. On 22 July 2006 the parties announced that a settlement had been reached. The parties did not disclose the terms and amounts paid. However, in a joint statement they did announce that BP, without admitting liability, had agreed to establish an Environmental and Social Improvement Trust Fund for the benefit of the farmers, together with a programme of workshops dealing with environmental management and business development. According to press reports, the amount paid by BP was not thought to be as high as the £15 million originally claimed, but was believed to run to several million pounds.
Trafigura Toxic Waste Dump
The 2006 Côte d'Ivoire toxic waste dump was a health crisis in Côte d'Ivoire in which a ship registered in Panama, the Probo Koala, chartered by the oil and commodity shipping company TrafiguraTrafigura
Trafigura is an Amsterdam-based multinational company founded in 1993 trading in base metals and energy, including oil. the company had equity of more than $2 billion and a turnover of $73 billion that generated $440 million of profit....
Beheer BV, disposed of toxic waste in the Ivorian port of Abidjan.
In November 2006, the High Court of Justice in London agreed to hear a group action by about 30,000 claimants from Côte d'Ivoire against Trafigura over the alleged dumping of toxic waste from the Probo Koala.
The British law firm Leigh Day, which has brought one of the biggest group actions in legal history, seeking damages of £100m. He said at the close of court in Abidjan, where he has been negotiating the settlement: "The claimants are very pleased."
Over 20,000 claimants signed a petition calling for Leigh Day to have responsibility for the payments. Mr Justice MacDuff gave a ruling in October 2009 that Leigh Day should have responsibility for finalising the payments.
In September 2009 an investigation for the identity of, Mr Claude Gouhourou, who claims that he represents the 30,000 claimants. Leigh Day worked out a system for the payment of each claimant through the use of a payment card to be used at the bank's automated teller machine
Automated teller machine
An automated teller machine or automatic teller machine, also known as a Cashpoint , cash machine or sometimes a hole in the wall in British English, is a computerised telecommunications device that provides the clients of a financial institution with access to financial transactions in a public...
s in Abidjan. The PINs for the cards were given out in October but just as this process was coming to an end and before the cards could be distributed Leigh Day and the bank were served with a freezing order on the account.
His protest of the funds transfer insists he was one of the fifty or so representatives of the many communities in Abidjan affected by the toxic waste. In his evidence he stated that he and the other representatives had set up a coordinating association of which he was the president and that this association had the responsibility for distributing the compensation monies.
On 22 January 2010, the documents provided by Mr Gouhourou to prove his case have been shown since this time to be false. The other representatives all deny the existence of any such association, the representatives who supposedly signed the association’s inauguration papers deny the signatures were theirs, and the town hall where the association was supposedly registered deny this occurred and their stamp was forged. Leigh Day have lodged criminal allegations with the Ivorian prosecuting authorities in relation to these actions.
Iraqis Tortured by British Soldiers
Martyn Day successfully represented Baha MousaBaha Mousa
Baha Mousa was an Iraqi man who was kicked and beaten to death while in British Army custody in Basra, Iraq in September 2003. The inquiry into his death heard that Mousa was hooded for almost 24 hours during his 36 hours of custody by the 1st Battalion of the Queen's Lancashire Regiment and that...
in a civil case bought against the British Ministry of Defence and obtained compensation for his family. On 27 March 2008, the British Defence Secretary, Des Browne
Des Browne
Desmond Henry Browne, Baron Browne of Ladyton is a British Labour Party politician who was the Member of Parliament for Kilmarnock and Loudoun from 1997 to 2010...
, admitted to "substantial breaches" of the European Convention of Human Rights over the murder of Baha Mousa. In July 2008 the Ministry of Defence agreed to pay £2.83 million in compensation to the family of Baha Mousa and nine other men, following an admission of "substantive breaches" of articles 2 and 3 (right to life and prohibition of torture) of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
by the British Army.
Following the battle of Danny Boy
Battle of Danny Boy
The Battle of Danny Boy took place at Al Amara in Iraq on 14 May 2004, between British soldiers and about 100 Iraqi insurgents, members of the Mahdi Army....
in May 2004, it is alleged that British Soldiers captured 31 Iraqis following an ambush in May 2004 before killing 22 and leaving only nine injured survivors. On 21 January 2008 the Daily Mail reported that:
On the 25 November 2009, Bob Ainsworth
Bob Ainsworth
Robert William Ainsworth is a British Labour Party politician who has been the Member of Parliament for Coventry North East since 1992, and was the Secretary of State for Defence from 2009 to 2010...
, then the British Minister of State for the Armed Forces
Minister of State for the Armed Forces
The Minister of State for the Armed Forces is a middle-ranking ministerial position, subordinate only to the Secretary of State for Defence, at the Ministry of Defence in Her Majesty's Government....
, announced that a retired High Court judge Sir Thayne Forbes would chair the public inquiry into allegations that 20 Iraqis, taken prisoner during the battle, were murdered and that others were tortured. The British Ministry of Defence denies that the 20 were captured, but that 20 bodes were removed from the battlefield for identification and then return to the families and that a further nine were taken prisoner and held for questioning but were not mistreated.
Kenyans Killed by Left behind Munition
British soldiers have been carrying out military exercises in eastern Kenya since 1945 when London was still the colonial rulerBritish Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
. In 2001, the pastoral communities in the areas where the British do the exercises claimed that their people are being maimed and killed by unexploded ordnance left behind by the British.
The Ministry of Defence maintains that it has always been for the Kenyan authorities to clear unexploded devices, although it assists in the operation, and was unaware that the Kenyans were failing to make the area safe until last year.
The British Ministry of Defence (MoD) has not accepted full liability for the 228 victims on the grounds that other armies also use the same firing ranges in Archers Post
Umoja, Kenya
Umoja is an all-female village located in northern Kenya near the town of Archers Post in Samburu District, 380 km from the capital, Nairobi. It was founded by Rebecca Lolosoli, a Samburu woman, for homeless survivors of gender-based violence, and young girls running from forced marriages...
and Dol Dol, but has agreed to pay the compensation.
Prolific Authoring
In addition to having his cases published, Martyn has also written his own articles for the UK Guardian and for the Times.October 22, 2002
Why judges should not decide scientific cases
http://business.timesonline.co.uk/tol/business/law/article815219.ece
June 24, 2003
Why Martyn will not be giving up the Day job
http://business.timesonline.co.uk/tol/business/law/article1144613.ece
August 23, 2005
Can oil and principles mix?
http://business.timesonline.co.uk/tol/business/law/article557840.ece
November 1, 2005
Time to end the rich pickings for claims lawyers and insurers
http://business.timesonline.co.uk/tol/business/law/article584221.ece
April 11, 2006
A dangerous side-effect of withdrawing public funding
http://business.timesonline.co.uk/tol/business/law/article703268.ece
June 13, 2007
A "seminal decision" for human rights
http://business.timesonline.co.uk/tol/business/law/article1928010.ece
November 6, 2008
Why 'no win, no fee' is bringing access to justice
http://business.timesonline.co.uk/tol/business/law/article5090524.ece
December 13, 2008
Big fee, no win
http://www.guardian.co.uk/commentisfree/2008/dec/13/law-ukcrime