On 11 December 2008, the Solicitors’ Disciplinary Tribunal found Mr Jim Beresford and Mr Douglas Smith guilty of 8 counts of professional misconduct brought by the Solicitors Regulation Authority arising out of the conduct of compensation claims for miners suffering from vibration white finger and vibration white finger and respiratory disease.
In their defence to two of the counts, the Respondents contended that that Rules 3 and 9 of the Solicitors Practice Rules 1990 and section 2(3) and Section 2(3) of the Introduction and Referral Code 1990 infringed UK and EC competition law prohibitions and were void and that those provisions were incompatible with Articles 43 and 49 of the EC Treaty (concerning freedom of establishment and provision of services). In upholding the allegations of misconduct, the Tribunal rejected those defences.
Andrew Macnab represented the Solicitors Regulation Authority in relation to the competition and EC Treaty issues
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