Decision record
Derwent William Moger Campbell
Allegation / charges
Breaches
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The SRA alleged that solicitor Derwent William Moger Campbell determined a fixed probate fee of £45,000 on an improper basis (assessing how much the residuary beneficiary would pay to inherit) and allowed BD's estate to be unreasonably and excessively overcharged, in breach of Principles 2, 4, 5 and 6. Dishonesty was expressly not alleged. The Tribunal found that setting a fixed fee was not improper of itself; the Respondent had exercised proper professional judgment considering the size and complexity of the estate and the difficult residuary beneficiary. The overcharging arose from a defective Engagement Letter (drafted by another fee earner) which mistakenly created a time-value entitlement rather than a fixed fee, resulting in accidental overcharging that was later refunded. Both allegations were found NOT PROVED beyond reasonable doubt and dismissed. The Respondent's application for his own costs was refused (case not a 'shambles' under Baxendale-Walker), and no order for costs was made.