Property, Professional liabilityThursday 9 March 2023
The case concerned the sale by the Defendant of an ‘ultra-prime’ property in Central London for £10.3m in March 2021. Following completion, the Defendant failed to pay commission to the Claimant estate agent. The Defendant disputed liability, arguing that her contract with the Claimant was unenforceable pursuant to section 18 of the Estate Agent’s Act 1979, and seeking to set-off a multi-million pound professional negligence claim.
In a reserved oral judgment following a 5-day trial, HHJ Johns KC found in favour of the Claimant, permitting the contract to be enforced in full and dismissing the counterclaim.
The case has been widely reported in the national press (The Times, The Daily Mail, The Evening Standard) and the trade press (The Negotiator, Property Industry Eye).
Daniel Petrides was instructed by Mark Buckley, Will Thompson and Isha Wurie of Fladgate LLP.
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