Sears Investment Trust Ltd and others v The Lewis`s Group (in liquidation) and Gerald Eve
Sears Investment Trust Ltd and others v The Lewis`s Group (in liquidation) and Gerald Eve
- 1992
- Rating Appeals (1992) RA 262-281(20) .
ChD 31 July 1992. S occupied a store in Glasgow until May 1988. In 1984 S instructed G to pursue a rating appeal on their behalf. The terms of G`s instructions did not require them to become involved in the recovery of overpaid rates, just to fight the appeal. In May 1988 S entered into an agreement with L (previously known as Perglade Ltd) to transfer the store to them. S told G to take instructions from L, thus terminating G`s agency and thereafter G acted for L in the rating appeal. Once the appeal was allowed L paid G`s fees. A partner at G told a contact at S of the success. S did not appeal to the rating authority for any monies it considered due, but instead brought proceedings against L. As L was in receivership S laid a claim against G for damages for negligence and breach of duty. The case was dismissed as it was "held" that there were no grounds for S`s claim.
DUTY OF LOYALTY
ESTATE AGENTS
GERALD EVE
NEGLIGENCE
OVERPAID RATES
RATING APPEALS
ChD 31 July 1992. S occupied a store in Glasgow until May 1988. In 1984 S instructed G to pursue a rating appeal on their behalf. The terms of G`s instructions did not require them to become involved in the recovery of overpaid rates, just to fight the appeal. In May 1988 S entered into an agreement with L (previously known as Perglade Ltd) to transfer the store to them. S told G to take instructions from L, thus terminating G`s agency and thereafter G acted for L in the rating appeal. Once the appeal was allowed L paid G`s fees. A partner at G told a contact at S of the success. S did not appeal to the rating authority for any monies it considered due, but instead brought proceedings against L. As L was in receivership S laid a claim against G for damages for negligence and breach of duty. The case was dismissed as it was "held" that there were no grounds for S`s claim.
DUTY OF LOYALTY
ESTATE AGENTS
GERALD EVE
NEGLIGENCE
OVERPAID RATES
RATING APPEALS