黑洞社区

Sir Robert McAlpine has laid out details of the involvement of rival contractors in blacklisting in its defence of a High Court claim from alleged victims of the activity.

Sir Robert McAlpine denies liability for any damages caused by the use of the services of blacklisting organisation the Consulting Association (TCA).

However, as 黑洞社区 revealed this month, Sir Robert McAlpine has responded to the compensation claim it is facing from alleged victims of blacklisting with a defence that adds nine other major contractors as co-defendants to the action along with a host of their subsidiaries.

The case has been brought by around 80 alleged victims of blacklisting, who claim Sir Robert McAlpine 鈥渢ook a central role鈥� in the activities of TCA, the blacklisting firm, which worked for 44 construction companies and was raided and closed down in 2009.

黑洞社区 has seen details of Sir Robert McAlpine鈥檚 Part 20 defence, which has added Balfour Beatty, Skanska and Carillion as third party co-defendants, along with Bam, Amec Costain, Laing O鈥橰ourke, Kier and Vinci.

The defence admits Sir Robert McAlpine was a user of TCA, but denies it was liable 鈥渋n respect of any loss or damage which may have been caused to any claimant鈥�; denies there was any conspiracy; and denies it intended to cause injury to the claimants.

The defence adds: 鈥淚f, contrary to SRM鈥檚 [Sir Robert McAlpine] defence, SRM is liable in respect of any damage suffered by the claimants [鈥�] then SRM will repeat and adopt the claimant鈥檚 allegations of conspiracy as against the named third parties.鈥�

The defence details the nine main contractors鈥� role in TCA, stating that 鈥渄ifferent members of TCA took different courses of action in relation to both the information they provided to, and the information which they obtained from, TCA.鈥�

It says Balfour Beatty was 鈥渙ne of the largest users of TCA鈥� and that it 鈥渁ppear[s] to have taken a particularly hard-line approach to refusing employment to workers on whom TCA retained record cards鈥�.

The defence describes Carillion as a 鈥渉eavy user鈥� of TCA in terms of providing information on individual workers, while it claims Skanska adopted a 鈥渉ard-line鈥� approach in refusing employment to individuals on TCA鈥檚 database.

A Carillion spokesperson said it had apologised for its previous use of TCA, which it said it 鈥減roactively鈥� stopped using in 2004.

She added: 鈥淎s we have repeatedly said, we believe we have no legal liability and will defend our position vigorously.鈥�

A Skansksa spokesperson declined to comment on the Part 20 defence but said the firm was 鈥渢ruly sorry for its involvement鈥� with TCA.

Balfour Beatty said in a statement: 鈥淲e do not comment on matters that are before the courts鈥�.

Read an interview with anti-blacklisting campaigner Dave Smith