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Carter, Mark Sebastian - 138260

Decisions

To view the decision against this individual, click the decision below.

Decision - prosecution

Outcome: Prosecution

Outcome date: 5 November 2009

Published date: 23 August 2010

Firm details

Firm or organisation at date of publication

Name: Dbs Law Limited

Address(es):
Three Broadway, Broad Street, Birmingham, West Midlands

Firm ID: 371947

Firm or organisation at time of matters giving rise to outcome

Name: Rowley Ashworth

Address(es):
1 Snow Hill Plaza, St Chads Queensway, Birmingham,

Firm ID: 062601

Outcome details

This outcome was reached by SRA decision.

Reasons/basis

This notification relates to a Decision to prosecute before the Solicitors Disciplinary Tribunal. This is an independent Tribunal which will reach its own decision after considering all the evidence, including any evidence put forward by the Solicitor. The Tribunal has certified that there is a case to answer in respect of allegations which are or include that Mr Carter :-

  • 1) When receiving an overpayment of costs from insurers acting for the other side, he caused those monies to be retained by his Firm rather than returning them to the Insurers, so taking unfair advantage of the Insurers.
  • 2) Caused to be created a Billing Guide Form for his Employers which was false and misleading in that it stated that an amount received from the other side's Insurers represented costs due to his Firm when, in fact, only a certain amount fell into that category.
  • 3) Having received a request from the other side's Insurers to return to them an overpayment of costs, he failed to take any, or any proper, action to return the monies to them.

The allegations are subject to a Hearing before the Solicitors Disciplinary Tribunal and are as yet unproven.

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