Property Professionals’ Negligence and Liability

Led by Simon Wilton KC, head of the Professional Negligence Group at Hailsham Chambers, with contributions from members of chambers, a set which specialises in professional liability claims, including claims against all kinds of property professionals.

Introduction

Part A: Overview of the law of professional liability applicable to property professionals
Duties in contract
Contractual terms excluding or limiting liability
Duties in the tort of negligence to (a) the client; (b) third parties
Liability of the employee
The standard of care
Breach of duty
The object and scope of the duty: the SAAMCo principle: what losses are within the scope of the duty undertaken
Causation, remoteness, mitigation
The measure of loss and quantum
General damages for distress and inconvenience and claims for psychiatric injury
Remedies under the Consumer Rights Act 2015
Interest
Liability in deceit and for other forms of dishonesty
Equitable liabilities
Conflicts of interest and confidential information
Defences including contributory negligence, illegality and limitation
Contribution claims

Part B: Particular litigation issues
Pre-action conduct
Disclosure
Expert evidence


Part C: Valuers and surveyors
The professional organisation, training and regulatory and disciplinary framework
Liability of valuers
Liability of surveyors
Scope of duty, causation, mitigation, remoteness, and the measure of loss in claims against valuers and surveyors
Defences
Contribution claims

Part D: Estate Agents
The professional organisation, training, and regulatory and disciplinary framework applicable to estate agents
The right to commission
Liability of estate agents
Criminal liability

Part E: Auctioneers
The professional organisation, training and regulatory and disciplinary framework applicable to auctioneers
Liability of auctioneers