Property Professionals' Negligence and Liability

Property Professionals' Negligence and Liability : Surveyors, Valuers, Estate Agents and Auctioneers

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Provides a comprehensive guide for those advising upon, and dealing with, the civil liability and professional discipline of valuers/surveyors, estate agents and auctioneers.

Written by a leading practitioner in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the regulatory and procedural aspects. The work commences with an overview of the law of professional liability insofar as that is pertinent to the professions in question and goes on to focus upon particular issues in relation to litigation which require special attention in claims of this kind. It considers the individual professions in question, providing a detailed account of the legal principles and the case-law applicable to their civil and (in the case of estate agents) their criminal liability.
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Product details

  • Hardback | 656 pages
  • 156 x 248mm | 1,015g
  • Bloomsbury Professional
  • London, United Kingdom
  • English
  • 1526507730
  • 9781526507730

Table of contents


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
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
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
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
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About Simon Wilton

Simon Wilton is head of the Professional Negligence Group at Hailsham Chambers, a set which specialises in professional liability claims, including claims against all kinds of property professionals.

Simon was called to the Bar in 1993 and is a senior junior barrister. He is on the Executive Committee of the Professional Negligence Bar Association. Simon was short-listed by Chambers & Partners as Professional Negligence Junior of the Year in 2014 and 2016. He hopes to take silk in the next 3 years. He frequently acts for claimants and defendants in many kinds of professional liability disputes, and has a particular interest in claims against property professionals including valuers and surveyors, estate agents and auctioneers. He has over the years been involved in large numbers of claims alleging negligence against valuers and surveyors, and has dealt with numerous disputes of all kinds in relation to estate agents. Claims against auctioneers are less common but Simon is also well acquainted with the case-law in that area too. He has also defended estate agents, surveyors and valuers in disciplinary proceedings before their professional bodies.
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