Beresfords duo lose appeal against misconduct charge in miners case
Two lawyers who were found guilty of misconduct a year ago have lost their appeal in the High Court today (2 December). James Beresford and Douglas Smith of Doncaster firm Beresford Solicitors were found guilty of misconduct by the Solicitors Disciplinary Tribunal in December 2008 for their handling of compensation claims from sick coal miners.
December 02, 2009 at 09:46 AM
2 minute read
Two lawyers who were found guilty of misconduct a year ago have lost their appeal in the High Court today (2 December).
James Beresford and Douglas Smith of Doncaster firm Beresford Solicitors were found guilty of misconduct by the Solicitors Disciplinary Tribunal in December 2008 for their handling of compensation claims from sick coal miners.
The appeal failed on all grounds, with Beresford and Smith now facing payment of all costs.
Beresfords instructed Alan Gourgey QC of 11 Stone Buildings throughout the process, while the Solicitors Regulation Authority (SRA) was represented in court by Tim Dutton QC of Fountain Court Chambers.
Beresford and Smith originally faced accusations of misconduct in November last year, when it was alleged that the pair had entered into sham arrangements with third parties, breached client confidentiality and entered into conditional and contingency fee arrangements when it was not in their clients' best interest.
Their firm handled roughly 83,000 claims by miners and saw profits climb from £8.5m in 2004 to £36.2m in 2006.
Commenting on today's judgment, SRA chief executive Antony Townsend said: "The SRA has vigorously pursued the solicitors who betrayed the trust placed in them by their clients in this case and other miners' compensation cases.
"This is a good result for consumers, and should serve as a reminder to solicitors of the importance of acting with integrity in the best interests of each client, and of promptly putting things right for clients where errors are discovered."
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