British miners have decided to move forward with a lawsuit against the government that could result in a multimillion-pound compensation reward for personal injury lawyers.

The court date has been set to happen in January, when a preliminary hearing will be held, looking into a proposed group action on behalf of miners who suffer from a chronic knee condition that is alleged to be caused by working underground.

Five solicitor's firms are heading the suit and they have already earned a fortune form the Government's £7.5 billion scheme to address chest diseases and a crippling hand condition, both which often afflict miners.

If their initial plans of test cases over "miners' knee" are successful, it could open the door for tens of thousands of retired workers to lay claim to some sort of compensation, costing the government, business and taxpayers, a small fortune.

The direct costs would be assumed by the Department of Trade and Industry (DTI) who assumed responsibility for British Coal after that corporation was privatised.

Most estimates judge that this could end up costing taxpayers more than £100 million on top of the afore mentioned liability the government has assumed for other mining related illnesses or injuries.

The Government had no comment on the proposed suit, nor did they comment on any planned responses.

It has, though, ordered an external inquiry into the DTI's running of the chest and vibration white finger claims, which commenced in 1999 and have grown into the largest personal injury compensation schemes in the entire world.

The litigation is being funded by the National Union of Mineworkers and the Durham Area NUM, who both have committed a cumulative £10 million for preliminary costs.

The primary law firms involved are Thompsons, Raleys, Hugh James, Irwin Mitchell and Graysons. Collectively they have earned over £240 million in DTI fees for settling tens of thousands of chest and finger claims.

This new claim focuses on two knee conditions, osteoarthritis, in which cartilage is worn away, and damage to the menisci, cartilage tissue which acts as a shock absorber in the knee joint.

Symptoms include pain, swelling, clicking and locking of the knee. The conditions can be progressive and permanent.

The miners and former miners are seeking to establish that these conditions are the direct results of working in the coal industry.

Miners who worked underground often spent up to six hours kneeling in sludge and cold water or crawling in tunnels less than 3ft (90cm) high. In addition, knee injuries have also been linked to carrying heavy weights.

In addition to proving that the knee injuries are work related, the union also has to prove that there exists a date of "guilty knowledge," when British Coal became aware of the problem but ignored it at the peril of the health of their workers.

Anthony Patterson, a partner at Thompsons, said that considerable preliminary work had already been completed and that the litigation had "a reasonable chance of success."