Derwent William Moger Campbell

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The SRA alleged that the Respondent, a partner/executor, determined a £45,000 probate fee on an improper basis (by reference to how much the residuary beneficiary would pay to inherit) and allowed the estate to be unreasonably and excessively overcharged, in breach of Principles 2, 4, 5 and 6. Dishonesty was expressly NOT alleged; the SRA framed it as mistaken/accidental overcharging. The Tribunal found that setting a fixed fee was not improper of itself, that the £45,000 fee had been properly arrived at using the Respondent's professional judgment and knowledge of a difficult beneficiary, and that the overcharging arose from a defective Engagement Letter (prepared by another fee earner) which mistakenly created a time-value entitlement rather than a fixed fee. The estate was refunded once the mistake was discovered. Both allegations were found NOT PROVED beyond reasonable doubt and dismissed. The Tribunal made no order for costs and refused the Respondent's application for costs, finding the case had been properly brought and was not a 'shambles' under Baxendale-Walker.