Decision of the Disciplinary Panel
Date of Decision: 20 September 2021
Case of: Charles Wilford & Gerald Eve LLP (‘Firm’)
RICS Membership Number: 0083377 (CW) & 002792 (GE LLP)
Location: Banbury, UK
The formal charge against Mr Wilford is that:
- During his involvement with the appeal to the Upper Tribunal of Merlin Entertainments v Cox:
a. Following the decision of Gardiner & Theobald LLP v Jackson, he agreed that his evidence be treated as factual evidence, in an inappropriate attempt to avoid the requirement to disclose to the court that fee(s) owing to the Firm and/or himself were contingent on the success of the litigation.
b. His actions at (a) above demonstrated a lack of integrity.
Contrary to Rule 3 of the Rules of Conduct for Members 2007
The formal charge against the Firm is that:
- During the Firm’s involvement with the appeal to the Upper Tribunal of Merlin Entertainments v Cox:
a. Following the decision of Gardiner & Theobald LLP v Jackson, the Firm agreed that Mr Wilford’s evidence be treated as factual evidence, in an inappropriate attempt to avoid the requirement to disclose to the court that fee(s) owing to the Firm and / or Mr Wilford were contingent on the success of the litigation.
b. Its actions at (a) above demonstrated a lack of integrity.
Contrary to Rule 3 of the Rules of Conduct for Firms 2007
Finding:
Charles Wilford: Proved
Gerald Eve LLP: Proved
Sanction:
Charles Wilford: Reprimand and Fine £2000
Gerald Eve LLP: Reprimand and Fine £10000
The Disciplinary Panel also made an order to costs.