Central London County Court 2011
Cruickshanks recently won a case on behalf of a selling client of a £3.25 million property.
Our client was sued for two commissions in the Central London County Court.
Agent 1 had shown the property to the ultimate purchaser before the seller had signed their Terms and Conditions. The ultimate purchaser then through reasons of their own decided that they could no longer trust Agent 1 and viewed the property again with Agent 2 a few days later. By this time our client had signed Agent 2's Terms and Conditions.
During the course of disclosure and exchange of witness statements it was disclosed that t Agent 1 had essentially "amended" their detailed journal to suggest that they had more timely dealings with the sellers than they actually did. After a 3 day trial at the Central London County Court, and disclosure of the "real" detailed journal, the Judge found Agent 1's evidence dishonest and fraudulent. He placed no reliance on any of the Agent witnesses. Our client was awarded costs on an indemnity basis in excess of £40,000.