header-logo header-logo

20 November 2008
Issue: 7346 / Categories: Legal News , Disciplinary&grievance procedures , Personal injury
printer mail-detail

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll