RESOURCE RECOVERY SOLUTIONS (DERBYSHIRE) LIMITED v DERBYSHIRE COUNTY COUNCIL & Anor.
[2022] EWHC 1209 (TCC)
Richard Thomas Barnes v The Royal Institution of Chartered Surveyors
31 July 2023
[2023] EWHC 1990 (Ch)
High Court
A surveyor got in trouble with his professional body (RICS). He sued them, claiming they were unfair and charged him too much. The judge said the RICS acted fairly and within the rules, so the surveyor lost the case.
Key Facts
- •Richard Barnes (Claimant) sought costs/damages from the Royal Institution of Chartered Surveyors (RICS, Defendant) following disciplinary action.
- •Barnes submitted a mock adjudication decision for RICS' President's Panel, which was substantially similar to another adjudicator's decision.
- •A disciplinary panel found Barnes dishonest and lacking integrity, imposing a reprimand, fine, and conditions.
- •Barnes appealed, but the appeal was dismissed.
- •Barnes claimed breach of contract, alleging excessive costs and flawed processes by the disciplinary and appeal panels.
- •RICS sought to strike out the claim or obtain summary judgment.
Legal Principles
Court's power to strike out statements of case if they disclose no reasonable grounds for bringing or defending the claim, are an abuse of process, or show non-compliance with rules.
CPR 3.4
Court's power to grant summary judgment if a claimant has no real prospect of succeeding, or a defendant has no real prospect of successfully defending, and no other compelling reason exists for a trial.
CPR 24.2
Test for dishonesty: Subjective assessment of the individual's knowledge or belief, followed by an objective assessment using the standards of ordinary decent people.
Ivey v Genting Casino [2017] UKSC 67
For a term to be implied into a contract, it must be so obvious that it goes without saying, or necessary to give the contract business efficacy.
Ali v Petroleum Company of Trinidad and Tobago [2017] UKPC 2
Outcomes
Summary judgment granted for the Defendant (RICS).
The Claimant had no real prospect of success on his breach of contract claims. The disciplinary panels' processes were not flawed, and the costs awarded were within their power.
Claim would have been struck out if summary judgment not granted.
The Particulars of Claim disclosed no reasonable grounds for bringing the claim.
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