Friday 12 December 2008

Caught Soliciting


Coal has been a political issue in Britain for over 200 years. Now the mines are largely closed, billions of tonnes of the nation’s energy needs remains underground. But there are still tens of thousands of ex-miners suffering the effects of their industry. Two conditions in particular, respiratory disease and industrial white finger, were the result of the old British Coal's negligence in preventing long-lasting damage to its workforce.
In 1999, the DTI, under Stephen Byers, approved a compensation scheme for the miners which would obviously run into billions of quids. The Government contracted out the payment scheme and the solicitors in the old mining towns in South Yorks, Notts and South Wales realised a massive pay day was coming their way.

It is the ultimate concern of the Government who designed the scheme that about 40% of the £5.8 Bn paid out has gone on administrative and legal costs. But it does not prevent us also condemning the individual solicitors who hoovered up millions of pounds for precious little work.

One such grubby legal professional is the Doncaster solicitor James Beresford who has just been found guilty in a tribunal of 8 counts of misconduct. It was found Beresford failed to inform claimants they could get their masive legal fees re-imbursed by the Government. The Solicitors' Regulation Authority said Beresford also collected the costs from the DTI. He is appealing against being struck off as he claims he would be no longer able to making his living.

Beresford does not dispute his firm earned an eye-watering £115m in fees. In one year alone he himself coined nearly £17m, so no pressing livelihood claim there. In fact he could live off the interest earned by the interest. The 97,000 ex-miners who chose the 'reputable' firm Beresfords received on average £2,000. Beresford said in his defence, such as it was, there was, "absolutely nothing wrong" with earning such sums. Skinning sick miners, some terminal ill, puts Beresford down on the same moral level as serial fraudsters like Robert Maxwell.
But he, along with dozens of other firms have realised an absolute bonanza from the taxpayer too. The public ask rightly how the Department for Business, Enterprise and Regulatory Reform (BERR) could allow this injustice to continue.
The Department, many years ago, had teams of inspectors and regional teams who would have a close feel for industries and individual companies who were exploiting loopholes or ripping off the customers or the Government. They were all pushed out years ago in favour of 'light-touch' enforcement regime which amounted to sending round circulars and relied heavily on the good will of businessmen.
The scale of these payments to solicitors like Beresford show how impotent Whitehall is in reeling in malpractise. There are more firms to be investigated but even now no-one is even suggesting they should give any of the money back.

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