An order has been issued in the Competition Appeal Tribunal relating to Agents’ Mutual v Moginie James, the Cardiff-based independent estate agent.
The order, made on January 6, was on the application of the parties.
It says that by consent it is ordered that:
“1. Pursuant to rule 44 of the Competition Appeal Tribunal Rules 2015, the claims between the claimant and the defendant Moginie James Limited before the Competition Appeal Tribunal be withdrawn.
“2. There be no order for the costs of these proceedings as between the Claimant and the Defendant Moginie James Limited.”
The order was issued by Marcus Smith QC, chairman of the Competition Appeal Tribunal.
The Competition Appeal Tribunal case between Agents’ Mutual and another agent, Gascoigne Halman, which is owned by Connells, is set to continue, with the hearing due next month.
Remaining proceedings between Agents’ Mutual and Moginie James, as well as Gascoigne Halman, are also set to continue in the Chancery Division.
Yesterday evening, a spokesperson for Agents’ Mutual said: “We have nothing to add to the order registered by the Chairman of the Competition Appeal Tribunal on 6 January 2017.
“This order relates to the competition issues of the case.
“With regard to the remaining proceedings between Agents’ Mutual Limited and Moginie James Limited under the jurisdiction of the Chancery Division, we have no statement to make at this point.”
Both Moginie James and Gascoigne Halman continue to list with the Agents’ Mutual portal, OnTheMarket.
I have to say I’m not sure other proceedings should proceed. People have been and continue to be a little dismissive about the maniacs pursuing portal juggling but having reduced the widespread practice down to 1/10th of what it was it is now possible to focus in on the activities individual companies and individual branches within those companies.
I have a very clear (near real-time) insight into what is going on in the industry. I know who is doing what ( in quite intimate detail). I can see breaches of CPR and BPR (which both TPO and NTSEAT have said they are going to clamp down on) if I choose within 30 minutes of the breach
Personally if I were taking anyone to court I would make damn sure I was squeaky clean, didn’t get on the wrong side of the regulators and would also make sure I wasn’t doing anything my opponent could use against me. That could be embarrassing
Litigation tends to be an arms race to start with, it soon escalates into war. I always believe it is best to work out the costs and consequences of war before it is too late.
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In all litigation there is only ever 1 winner & that’s the lawyers !
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In this case at the expense of all the agents who pay their bills out of commission income as opposed to someone blowing investors cash and all other forms of other people’s money
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My ‘pet Barrister’ once advised me “You don’t get justice in Court – only a verdict”
Seems about right…
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Article reads: ”claims to be withdrawn” WHAT claims???? as the ”claims withdrawn” seem to be the centre of the story. ……….
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It doesn’t matter what the claims are Trevor there is a certain amount of hypocrisy in bringing a case against agents mutual, a organisation looking after 6500 small businesses, for the benefit of a corporate agency.
There are things that need to change with rules of OTM but if they simply excluded evidenced portal jugglers the undesirables would be excluded from membership on a very sound basis. A few might have to leave (or behave) a few could join but from what I have seen there would only be benefit to the the industry if that was the new rule for membership
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Mr Mealham
You are so ‘connected’ with what’s going on surely you know the answer to your own question before you even ask it publicly.
Please stop feigning surprise/mock shock/disgust(delete as appropriate) with your multitudinous anti-AM postings – frankly, you’re pretty cr@p at it!
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