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.

• IntroductionPart A: Overview of the law of professional liability applicable to property professionalsDuties in contractContractual terms excluding or limiting liabilityDuties in the tort of negligence to (a) the client; (b) third partiesLiability of the employeeThe standard of careBreach of dutyThe object and scope of the duty: the SAAMCo principle: what losses are within the scope of the duty undertakenCausation, remoteness, mitigationThe measure of loss and quantumGeneral damages for distress and inconvenience and claims for psychiatric injuryRemedies under the Consumer Rights Act 2015InterestLiability in deceit and for other forms of dishonestyEquitable liabilitiesConflicts of interest and confidential informationDefences including contributory negligence, illegality and limitationContribution claimsPart B: Particular litigation issuesPre-action conductDisclosureExpert evidencePart C: Valuers and surveyorsThe professional organisation, training and regulatory and disciplinary frameworkLiability of valuersLiability of surveyorsScope of duty, causation, mitigation, remoteness, and the measure of loss in claims against valuers and surveyorsDefencesContribution claimsPart D: Estate Agents The professional organisation, training, and regulatory and disciplinary framework applicable to estate agentsThe right to commissionLiability of estate agentsCriminal liabilityPart E: AuctioneersThe professional organisation, training and regulatory and disciplinary framework applicable to auctioneersLiability of auctioneers