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R v Director General of Fair Trading ex p Benhams Ltd

Series: Estates Gazette ; [2001] 02 EG 146-154(9)Publication details: 2001Subject(s): Summary: 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
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS63477 (Browse shelf(Opens below)) 1 Available 110726-1001

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