Concern is growing that the compensation paid by Trafigura to the 29,624 claimants in the Ivory Coast following their alleged exposure to the waste from the Probo Koala in 2006 is likely to end up being expropriated.
On 24th September Trafigura paid the settlement monies into two Leigh Day client accounts at the Societe Generale bank in Abidjan covering the full agreed compensation for the injury claimants and the business claimants. A system of payment was worked out with the bank through payment cards and Pin numbers for the claimants - virtually none of whom have bank accounts. However with the distribution of the PIN numbers almost complete and the card distribution about to start on 22nd October a freezing order was served on Leigh Day and the bank in relation to the accounts.
The freezing order had been made by the Abidjan Courts on behalf of a fabricated claim by a community representative. He was suggesting that the whole of the accounts should be paid to his association’s account for distribution. Despite much of what was said by that representative being arrant nonsense, yesterday the State Prosecutor sided with the representative to support the notion that the compensation monies should be paid to the representatives association.
Leigh Day & Co, solicitors for the claimants, are now extremely worried that the compensation monies will now be transferred to the local representative, who would appear may well be a front for a senior but shadowy figure within Ivorian society and that it will simply disappear.
The Court in Abidjan is due to hear final submissions today and is likely to give judgment tomorrow. Advice is that the Judge is highly likely to follow the line of the State Prosecutor.
Martyn Day, senior partner for Leigh Day and Co said today:
‘This is deeply worrying news. Trafigura paid to us the compensation very promptly and the payment process had been working extremely well. Now, however, it would appear there is a very serious risk that all this will come to nought and the compensation monies will simply disappear and our clients will see none of it. Such an outcome would be deeply depressing and very, very upsetting for our 30,000 Ivorian clients who were so pleased with the outcome of the claim.’
Today Mr Justice MacDuff gave an order supporting the proposition that the compensation monies should remain with Leigh Day for distribution.
For further information, contact:
Martyn Day on 020 7650 1234 or
Melanie Raphael on 020 7650 1234.
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