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Law firms, who made millions from compensation funds set up to look after sick miners, must be shamed into returning it, according to Labour peer Lord Lofthouse.
Lawyers took money from miners’ pay-outs despite having their fees paid directly by the Government. Lord Lofthouse will hand a report on the double-charging to Downing Street today and call for the guilty solicitors to be named and shamed.
The peer says at least two firms have made £100 million from sick miners' cases and yet he told the Today programme on BBC Radio 4: “They haven’t been satisfied with that, they’ve been taking money out of miners’compensation.”
“I think it is appalling,” he said, suggesting each solicitor involved should be named “so we can take it up with the Law Society or the individual solicitors and hope they will be so shamed that they pay the money back”.
Lord Lofthouse, a former miner himself, insists that many of those owed compensation “only get a pittance”.
Labour MP John Mann said the practice was “outrageous” and that it was far more prevalent than the report suggests.
“Lord Lofthouse has said the amount of money involved was between two and three million, but I estimate it is nearly £50 million,” said the Bassetlaw MP. “It is theft of money from sick, elderly former mineworkers. Solicitors who refuse to pay back money should be struck off by the Law Society.”
The Government compensation scheme has already paid out more than £3 billion to ex-miners suffering respiratory diseases and conditions such as vibration white finger. The law firms took fees from the miners even though the full legal costs of every successful claim had been paid by the Department of Trade and Industry.
Peter Williamson, chair of the Solicitors Regulation Authority, told the BBC: “I’m ashamed that solicitors whose costs are being met by the Government should do such a thing. Solicitors are supposed to put their clients’ interests first, and that is a fundamental, professional principle.” So far, law firms have voluntarily handed back to miners more than £3.6 million in legal fees after letters from the Law Society.
Last year, the Legal Services Ombudsman ruled that ex-miners, who had complained about payments taken by solicitors, had been “badly let down” by the Law Society. The ombudsman accused the body of failing to act impartially, pressuring complainants, failing to examine each case on its merits and failing to consider whether deductions from miners' compensation should be paid back in full.
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After 10 years of communicating sound arguments to NUM solicitors on my father's claim and receiving dilatory and often obstructive responses, is it possible that here is the explanation.
i.e. If the DTI are paying the NUM solicitors to avoid costly legal action is this not tantamount to "taking a bribe". If this procedure is "entrenched" in the "so called" claims handling process, how can the "Law of the Land" allow such injustice to be INFLICTED on miners' families who are ill equipped to argue their position.
Frank Collins, Wellesbourne, Warwickshire
My father has suffered for years while having to fight every last step for compensation. The "help" he received from the solicitors was all but useless in my opinion and yet they still took their slice from his pitiful settlement. These people wouldn't really understand what it was like to work hard for a living - something for nothing is all that matters to them. Shame ? I'm not sure they would understand. Never mind paying the money back, the miners would be dead by the time they saw a penny. The only way to show justice for them is to put the solicitors involved in prison. After all, they HAVE committed a serious crime here.
Mick Jennings, South Yorkshire, Barnsley,
Why were they allowed to charge the miners in the first place, what was the Lord Chancellor playing at, not to mention the Law Society why did they allow this practice?
Surley the rules were clear to the Lawyers involved or did they not understand?
Keith Barton, Tunbridge Wells, United Kingdom
Is anyone suprised.The lawyers take their lead from the Blair's and their cronies.What is so frightening is that these same sinister people later become judges,with no sense of justice or righteousness.As for stealing from old miners,and showing shame,don't hold your breath.
Ray Barrett, Daventry, England
With one uncle with 55% "dust" on his lungs, two uncles and a grandfather dead, it makes me sick to hear this. The only industrial illness the lawyers will ever get will be RSI from endlessly counting their cash. Shame on them.
Lisa, Cannock, UK
It is a scandal. It sounds more like theft, i.e. taking something that did not belong to them
Allan Ashworth, York,
These so called lawyers should be named & shamed. Then have all their assets confiscated and given to the miners unions.
This is such a disgrace. I thought that ripping off the legal aid system, which I'm informed happens a lot was bad enough. This though..
Not so very long ago the law was a noble profession. To get a passport a professional,such as a solicitor, had to sign the back of your photograph. Thats when they had honour. Now, many don't.
Douglas , Crawley, W Sussex UK
Not really unexpected, is it?
John, Warwick, UK