R v Director General of Fair Trading ex p Benhams Ltd
R v Director General of Fair Trading ex p Benhams Ltd
- 2001
- Estates Gazette [2001] 02 EG 146-154(9) .
QBD 22 September 2000. The applicants (B) acted as estate agents for the vendors of a property sold to S for £950,000 who resold the property shortly afterwards for £1.2m. B then dismissed two of their employees, one of who admitted having received £5,000 for their part in the sale and subsale, and notified the respondent (D), alleging bribery and the exclusion of other prospective purchasers. D reported that nothing had taken place that obliged him to act under the terms of the Estate Agents Act 1979 and continued to decline to do so after subsequent reconsideration. B sought judicial review on the grounds that there had been breaches of the Estate Agents (Undesirable Practices)(No 2) Order 1991 and the Estate Agents (Provision of Information) Regulations 1991 and that this required D to act under Estate Agents Act 1979 s3 and s4. It was ruled that the employees' actions had contradicted the Estate Agents (Undesirable Practices)(No 2) Order 1991 Article 2(c) and Sched 3 para 1(a) and/or para 2 and that consequently D was required to consider exercising his powers under Estate Agents Act 1979 s3(1)(d). Application allowed in part
BRIBERY
ESTATE AGENTS
ESTATE AGENTS (PROVISION OF INFORMATION) REGULATIONS 1991
ESTATE AGENTS (UNDESIRABLE PRACTICES)(NO 2) ORDER 1991
ESTATE AGENTS ACT 1979
EXCLUSION
MALPRACTICE
R V DIRECTOR GENERAL OF FAIR TRADING EX P BENHAMS LTD
QBD 22 September 2000. The applicants (B) acted as estate agents for the vendors of a property sold to S for £950,000 who resold the property shortly afterwards for £1.2m. B then dismissed two of their employees, one of who admitted having received £5,000 for their part in the sale and subsale, and notified the respondent (D), alleging bribery and the exclusion of other prospective purchasers. D reported that nothing had taken place that obliged him to act under the terms of the Estate Agents Act 1979 and continued to decline to do so after subsequent reconsideration. B sought judicial review on the grounds that there had been breaches of the Estate Agents (Undesirable Practices)(No 2) Order 1991 and the Estate Agents (Provision of Information) Regulations 1991 and that this required D to act under Estate Agents Act 1979 s3 and s4. It was ruled that the employees' actions had contradicted the Estate Agents (Undesirable Practices)(No 2) Order 1991 Article 2(c) and Sched 3 para 1(a) and/or para 2 and that consequently D was required to consider exercising his powers under Estate Agents Act 1979 s3(1)(d). Application allowed in part
BRIBERY
ESTATE AGENTS
ESTATE AGENTS (PROVISION OF INFORMATION) REGULATIONS 1991
ESTATE AGENTS (UNDESIRABLE PRACTICES)(NO 2) ORDER 1991
ESTATE AGENTS ACT 1979
EXCLUSION
MALPRACTICE
R V DIRECTOR GENERAL OF FAIR TRADING EX P BENHAMS LTD