Simon Gurney was instructed by Deepika Raino of Slater & Gordon Solicitors to represent TS, a member of the Royal Institute of Chartered Surveyors, who had been referred to a Disciplinary Panel over allegations of misconduct surrounding a residential property valuation. It was alleged by the RICS that TS, whilst acting on behalf of a mortgage lender to value a property, had offered to find the vendor of the property a cash buyer, thus cutting out the need for any mortgage, or to inflate the value of the property in his report above the market value, to help secure an increased sale price. It was alleged that his actions were dishonest, showed a lack of integrity and caused a conflict of interest between TS and his client.
TS’s misconduct had come to light because he had accidentally recorded his telephone conversation with the vendor on his dictaphone which was then sent for typing. The typist notified his employer who in turn notified his professional regulator, the RICS.
In the circumstances, TS had no choice but to admit the charges before the Disciplinary Panel, which was convened in Birmingham over two days in July.
Simon Gurney represented TS throughout the hearing. TS gave evidence to the Panel about his challenging personal circumstances at the time of the incident and the mitigating factors that contributed to his misconduct. Despite the seriousness of the charges, and the importance of maintaining the reputation of the profession, Simon successfully persuaded the Panel that there were extenuating circumstances such that it was not necessary to expel TS from membership of RICS. The Panel decided that his misconduct could properly be sanctioned by a reprimand coupled with a package of conditions on his membership.
Simon Gurney has a wealth of experience across a range of disciplinary tribunals representing professionals facing allegations of serious professional misconduct. He has a strong track record securing outstanding results and is happy to accept instructions either to advise or to appear during a contested hearing. If you would like any further information please contact David Wright, Senior Clerk in Chambers on 0161 832 5701 or dwright@lincolnhousechambers.com