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20 November 2008
Issue: 7346 / Categories: Legal News , Disciplinary&grievance procedures , Personal injury
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Referral fees may aid access to justice

Profession

Despite the controversy surrounding the payment of large referral fees to solicitors acting on behalf of miners suffering from mesothelioma, such payments may be in the public interest, provided regulation is up to scratch.

Darren Werth, chairman of the Claims Standards Council says that the payment of fees is acceptable, as long as they are reasonable, proportionate and transparent. “Fees are a common and usual part of everyday business and simply put, they should be regarded as marketing expenditure.”

Werth says that it should not be of concern how solicitors market themselves, whether it be by purchasing advertising space or buying in vetted claims, as long as solicitors adhere to their professional rules.

He continues, “Since the changes in the Solicitor’s Referral Code at the end of 2004, the industry has finally enjoyed a welcome period of transparency and stability and that cannot be ignored.

“A ban on referral fees would undoubtedly send the industry back to a time of convoluted business practices full of technical challenges by insurers, which clearly would not be in the public’s best interests. The rules aren’t wrong, it’s the policing that needs to be better,” he adds.

Werth’s comments come in the same week that two solicitors, Jim Beresford and Douglas Smith, are facing allegations of professional misconduct arising from miner’s compensation claims.

It is claimed that their firm, Beresfords, earned £115m from its handling of the scheme in which the average payout to victims was just £2,000.

If found guilty, the solicitors could be struck off .

 

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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