header-logo header-logo

No blanket ban on referral fees

02 June 2011
Issue: 7468 / Categories: Legal News
printer mail-detail

LSB to undertake further review in 2013

The Legal Services Board (LSB) has rejected an outright ban on referral fees.

It consulted last year on its recommendations to strengthen transparency rather than a ban as a means of preventing abuse. It has now fully endorsed this approach, in its document, Referral Fees, Referral Arrangements and Fee Sharing.

However, the eight individual regulators can still opt for a ban as long as they can back it up with evidence and reasons. They must ensure consumers know when and to whom referral fees are to be paid.

The Law Society said it was a “mistaken decision by the LSB, which has failed to act in the public interest”.

However, Seamus Smyth, president of the London Solicitors Litigation Association, welcomed the decision: “Robust controls are, however, required and the payment of cash incentives should be banned.”

Tim Oliver, president of the Forum of Insurance Lawyers, said the proposals “raise concerns at the potential for a mish-mash of regulatory decisions on referral fees... The LSB states in its paper that it wants to ensure a ‘consistent regulatory approach to the issue’—it is hard to see how that might be achieved.”

The LSB said it would take into account the extent to which consumer outcomes are served when considering applications by regulators to change their regulatory arrangements. It will also undertake a further review of referral fees in 2013–14.

David Greene, partner at Edwin Coe, said: “Opposition to payments made by solicitors for business is a rare point on which Lord Justice Jackson and the Law Society can agree.

“Jackson saw referral fees reflecting surplus costs in the system but others argue that a ban on referral fees would merely see a shift of cost from referral fees to other methods of generating business.”

Professor Dominic Regan said: “Given that the thrust of this administration is to reduce what Lord Young considered to be `meddlesome intervention’ I see no will to legislate on referral fees. At best we will see guidelines and unenforceable principles laid down.”

Issue: 7468 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll