Decision of the Disciplinary Panel

Date of Decision: 18 February 2022

Case of: Richard Barnes

RICS Membership Number: 1146467

Location: Sale, UK

The formal charge against Richard Barnes is:

1)   Richard Barnes FRICS acted dishonestly in that he: 

(i)  in about December 2019, submitted an adjudication decision (‘the Decision’) to RICS as part of an application to join the RICS Global President’s Panel of Dispute Resolvers as a Construction Adjudicator (“the Panel”) which did not and which he knew did not accurately represent his own work but was a modified adjudication decision prepared by another practitioner (‘Practitioner A’) and/or 

(ii)  knowingly misled members of an interview panel on 27th April 2020 by falsely asserting that the Decision had been created by him using/following a template. 

Contrary to Rule 3 of the Rules of Conduct for Members 2007

He is therefore liable to disciplinary action under RICS Bye- Law 5.2.2 (a) or (c) 

2)   Richard Barnes FRICS failed to act with integrity and/or avoid any actions that were inconsistent with his professional obligations by: 

(i)  presenting plagiarised work (the Decision) as his own work to RICS as part of an application to join the RICS Global President’s Panel of Dispute Resolvers as a Construction Adjudicator (“the Panel”) in about December 2019 and thereby misleading the interview panel, and/or 

(ii)  presenting to RICS work done in a personal exercise (the Decision) as being compliant with the criteria contained within the RICS Dispute Resolution Service Criteria for Inclusion of Construction Adjudicators on the President’s Panel in about December 2019, and/or 

(iii)  causing or allowing members of an interview panel on 27th April 2020 to be misled in that he failed to explain that the Decision was not a genuine decision made by him as an adjudicator, and/or 

(iv)  causing or allowing members of an interview panel on 27th April 2020 to be misled in that he failed to explain that the Decision was created using a genuine decision made by Practitioner A, and/or 

(v)  causing or allowing members of an interview panel on 27th April 2020 to be misled in that he asserted that the Decision had been created by him using/following a template. 

Contrary to Rule 3 of the Rules of Conduct for Members 2007

He is therefore liable to disciplinary action under RICS Bye- Law 5.2.2 (a) or (c) 

Finding: Proved

Sanction: Reprimand, Fine £5000, Conditions

The Disciplinary Panel also made an order to costs.