A COLCHESTER solicitor broke a professional code of conduct by asking a litigant to pay his fees as part of an out-of-court settlement, an adjudicator has ruled.

Dennis Brown, based on Westwood Hill, Colchester, offered David Allen the chance to pay £2,249 to avoid action over alleged damage to a Porsche car.

Mr Allen, from Chigwell, complained to the Solicitors’ Regulation Authority about a letter from Mr Brown about an incident in which a child had was said to have dented his client’s Porsche.

Mr Brown wrote: “If you wish to settle this now and avoid the cost of proceeding, you should send a cheque payable to my firm in the sum of £2,249. This sum represents the full amount claimed and four hours of my firm’s time, at £200 an hour, plus VAT.”

The adjudicator ruled Mr Brown breached the authority’s code by mentioning costs and VAT in the letter.

No penalty was imposed, since it was said there was no evidence he had acted in bad faith. However, the breach has been noted and may be considered when the certificate allowing Mr Brown to practice is next up for renewal.

Mr Brown has appealed against the ruling.