header-logo header-logo

24 October 2013
Issue: 7581 / Categories: Legal News
printer mail-detail

Referral fee caution

SRA issues warning note on risky behaviour by PI lawyers

Personal injury lawyers have been cautioned against risky behaviour that could fall foul of the referral fees ban.

The Solicitors Regulation Authority (SRA) fired out a warning note last week amid concerns that firms may be indulging in behaviour that flouts the 1 April ban. 

It also warned that it knows of “numerous” examples of firms complying with referral fees but potentially breaching other parts of the code of conduct.

According to the SRA, claims management companies have been asking firms to pay them a proportion of clients’ damages in return for a referral, or even to forward them the client’s damages, which may not be in the client’s best interests. 

Other potential breaches include arranging for clients to buy insurance reports or other products at inflated prices so the introducer receives a higher rate of commission, and not being sufficiently transparent about the arrangement.

Richard Collins, SRA executive director, says: “Worryingly, we are beginning to see some examples of firms that—in their desire to maintain a volume of new clients in a manner compliant with the referral fee ban—have not paid sufficient attention to compliance with the broader, and longstanding, regulatory requirements regarding referrals. We will take formal enforcement action.”

Deborah Evans, chief executive of the Association of Personal Injury Lawyers, says: “We’ve always believed a ban on referral fees would be difficult to enforce but, now that a ban is in place, it is the responsibility of solicitors to ensure they are not in breach of it, the responsibility of insurers and brokers to ensure they don’t profit from any breach, and the responsibility of the SRA to ensure it is enforced.”

The warning note can be read here.

Issue: 7581 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll