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Beresford tribunal - update - 21, November, 2008



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Published Date: 21 November 2008
A DONCASTER solicitor said to be the highest earning in Britain has denied misleading sick miners so he could dishonestly take cuts from compensation payouts.
Jim Beresford insisted clients understood the arrangements they were entering into when they instructed the Lakeside-based firm to act for on their behalf.

The 58-year-old and Douglas Smith, 51, also of Beresfords, are accused of 11 counts of professional misconduct by failing to act in the best interests of their clients.

They are also accused of breaking rules on solicitors' practice and entering into conditional and contingency fee agreements against the clients' best interest.

The allegations relate to cases lodged under the Government's coal health scheme set up to give compensation to injured miners.
As part of the scheme the Government agreed to pay lawyers fees in successful cases.

Costs were not charged for unsuccessful cases.

Mr Beresford: "There are some clients with greater needs than others and I would hope people in my firm would go the extra mile to understand that and make sure these explanations were given and I believe they were."

He said all the clients were "informed of the options so they could choose the one they preferred."

Timothy Dutton QC, appearing for the Solicitors' Regulatory Authority, said charging conditional or contingency fees over and above those set out in the scheme was unacceptable.

Mr Beresford confirmed that their clients who did not come from the Union of Democratic Mineworkers were required to enter no win, no fee arrangements with the firm because there was a substantial risk of failure with the claims.

When Mr Dutton suggested the claims were in fact low risk, the respondent said: "I disagree with you. At that point in time we had no idea what the success rate would be."

Mr Beresford, a Doncaster Rovers director and Mr Smith, whose combined earnings in 2006 were more than £23 million deny the charges.

The hearing continues.


The full article contains 330 words and appears in n/a newspaper.
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  • Last Updated: 21 November 2008 3:05 PM
  • Source: n/a
  • Location: Doncaster
 
 

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