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BBC NEWS
Miners' lawyers lose ban appeal
Solicitors who took millions of pounds from compensation payouts given to
sick miners have lost their appeal against being struck off for
misconduct.
James Beresford and Douglas Smith, formerly of Doncaster-based Beresfords
Solicitors, had denied 11 counts of serious professional misconduct.
A tribunal last year found eight of the allegations against them proven.
Three High Court judges have now upheld the tribunal decision to strike
them off the Roll of Solicitors.
The Solicitors' Disciplinary Tribunal was told last year that the men had
acted "unacceptably" by charging clients even though the government was
paying their fees.
The partners were later struck off the Roll of Solicitors for conduct
unbefitting solicitors.
'Vulnerable clients'
High Court judges ruled on Wednesday that the tribunal had been entitled
to make "a cumulative series of findings of very serious misconduct on a
huge scale in relation to thousands of vulnerable clients".
Beresford, 59, who was said in 2007 to be one of Britain's highest-earning
solicitors, and Smith, 53, made millions of pounds from personal injury
claims for miners under the government's coal health compensation scheme.
They were accused of not giving adequate advice and entering into
contingency fee deals against their clients' best interests.
The tribunal heard that up to 30% of a miner's damages could be deducted
by Beresfords.
'Nothing wrong'
The law firm had argued there was "absolutely nothing wrong" with earning
substantial fees from its business conduct.
The compensation scheme was set up by the government to settle group legal
actions for damages after the High Court ruled in 1998 that British Coal
was liable in negligence for causing serious debilitating diseases in
miners.
The scheme related to hundreds of thousands of claims from former miners
and their families and involved the Department of Trade and Industry
agreeing to pay lawyers' fees in successful cases. In unsuccessful cases
miners did not have to bear costs.
Beresford and Smith's joint earnings went from about £182,000 in 2000 to
£23,273,256 in 2006, the tribunal heard.
Simon McMillan, a partner at Beresfords Solicitors, said: "This is a
matter that concerns two former partners who left the business over 12
months ago.
"They will no doubt be carefully considering their options as to what
steps to take to clear their names."
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/england/south_yorkshire/8390389.stm
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Lawyers in Windsor
BBC NEWS
Legal bid to bunker Trump plans
A pensioner has launched a legal challenge in a bid to stop Donald
Trump building a golf course on her land.
Molly Forbes is seeking an interim interdict over the decision to grant
planning permission for five pockets of land not owned by Mr Trump's
company.
The company had previously said it did not require the land for its
leisure and golf development in Aberdeenshire.
In a statement, Donald Trump said he intended to vigorously defend any
challenge.
The case is being brought by the 84-year-old, from Menie, at the Court of
Session in Edinburgh.
Papers lodged with the court claim Aberdeenshire Council did not determine
the planning applications correctly, and that Trump Golf Links Scotland
did not give enough information about why it now needs the land.
But Mr Trump said the claims were "misguided" and not based on fact.
'Think again'
He added: "Our applications have been the most scrutinised submissions in
Scottish planning history and I am sure that the Aberdeenshire Council,
which voted almost unanimously in support of them, is proud of their
actions."
He accused Mrs Forbes's son Michael - a vocal opponent of the resort - of
exploiting his elderly mother to further his cause.
Mrs Forbes, who has lived in her home on the Menie Estate for six years,
said: "Mr Trump has been granted planning permission to demolish my home,
but I do not wish to sell, and I do not wish to be forced out.
"My legal team will argue that Aberdeenshire Council have failed to follow
correct procedures, and that the permissions granted therefore cannot
stand.
"This is a major development by anyone's standards, including the formal
standards set by the local authority, and as such they were obliged to
refer decisions to the full council.
"They have failed in this obligation, and in their rush to allow the
project to go ahead they have grievously let down local residents."
Mrs Forbes added: "I never expected in my life to face eviction from my
home, let alone for a golf course.
"This is not a battle I would ever have sought, but Mr Trump and
Aberdeenshire Council should know that I will never give up, and I urge
them to think again."
Mrs Forbes is being represented by the Environmental Law Centre Scotland,
a charity offering legal advice and help on environmental matters.
Story from BBC NEWS:
The SNP may take legal action if Alex Salmond is not allowed to take part
in a UK party leader TV debate ahead of the next General Election.
The BBC, ITV and BSkyB jointly proposed three live debates between the
Labour, Tory and Liberal Democrat leaders.
SNP Finance Secretary John Swinney said going to court was not being ruled
out, but said it was more preferable to come to an agreement with the
broadcasters.
Opposition parties accused the SNP of bullying tactics.
Tory leader David Cameron and Liberal Democrat leader Nick Clegg have
welcomed a TV debate, while Gordon Brown has now said he was willing "in
principle" to take part.
Mr Cameron has told the BBC he wants a respected independent figure to
oversee the negotiations for the TV debates.
'Depriving voters'
But the SNP has threatened to seek to block the screening in Scotland of
any debate which did not include Scottish First Minister Mr Salmond.
Mr Swinney told BBC Scotland's Politics show the SNP was the party of
government at Holyrood, adding that the UK debates would discuss issues of
importance to Scotland, such as the future of nuclear submarines on the
Clyde.
Mr Swinney said the SNP was prepared to be flexible, saying of the current
arrangements: "It deprives the voters in Scotland of hearing the breadth
of political choice that quite clearly exists here in Scotland about the
input of Scotland into the UK General Election."
On the issue of legal action, he added: "That might be a possibility, but,
long before we get to that judgement, we have to have full and open
discussions with the broadcasters about the arrangements that can be put
in place."
Also speaking on the programme, shadow Scottish secretary David Mundell
said it was not appropriate for Mr Salmond to take part in a debate about
who should be the prime minister of Britain.
Labour described the SNP's option of going to court as a "sinister
threat", and claimed, along with the Liberal Democrats, the Nationalists
were attempting to bully broadcasters.
The broadcasters have said they would each seek "to make suitable
arrangements for ensuring due impartiality across the UK", but have not
yet explained how that would be achieved.
Story from BBC NEWS:
news.bbc.co.uk/
go/pr/fr/-/1/hi/scotland/
8289367.stm
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