TWO East Lancashire solicitors' firms have been named on a blacklist issued by the Government over miners' compensation claims.

But one of the Blackburn and Burnley-based companies said they should never have been put on the list in the first place because their only mistake was failing to respond to a Government letter.

Earlier this year the Law Society ruled that solicitors should not take a slice of miners' compensation because the Government pays all legal fees in successful cases. They said that charging the miners was unjustified and unprofessional.

Cunningham Turner, of Blackburn, and Burnley-based Schofields are among 100 solicitor firms removed from a Department of Trade and Industry list of companies allowed to deal with compensation claims.

They were taken off after they did not respond to letters about refunding overpayments to miners.

Cunningham Turner questioned why they were on the approved list in the first place. Nick Turner, a partner at the firm said: "All miners' claims are generally contracted on a class action basis and we have never done class action. I think the letter we received was given on the understanding that we would not return damages from miners' claims so by not replying they would have put us on this list.

"I think the only one we have acted for in recent years is a vibration white finger case some years ago and I think that was settled last year sometime. I think there may have been a delay in paying out but we certainly didn't take any money off anyone. We don't want to be on a list for miners' claims and never have been."

No one from Schofields could be contacted to comment.

But news that the DTI is taking action against solicitors who take money from compensation is good news for East Lancashire miners and their families, who will receive added compensation for injuries or conditions suffered as a result of working at mines like Moorfield, Calder and the Hapton Collieries.

Jack Nadin, 55, of Willow Street, Burnley, was a miner at Hapton Valley, the last East Lancashire pit to close. He criticised any solicitors "who take money out of miners' compensation." He said: "I hope it sends out a very clear message to any solicitors that they cannot, and should not do it."

Over £5million has been paid out in compensation to East Lancashire miners in the past five years because of diseases like bronchitis, emphysema and a condition called vibration white finger, caused by exposure to mining conditions.

Nigel Griffiths, minister for coal health claims, wrote to solicitors in December 2003 and February 2004 asking them to inform him whether or not they charged miners a fee for handling successful cases and, if so, to refund these "overpayments."

He also passed the names of all firms who did not reply, to the Law Society who concluded that double charging was unlikely to be justified and was 'likely to give rise to finding of inadequate professional service'.