The case against Benjamin Mire’s Trust Property Management is not to be continued after it ran out of time earlier this year.
The set-back is a humiliating failure by RICS, the Royal Institution of Chartered Surveyors, whose disciplinary regime is in tatters after a separate legal challenge has now called into question 317 previous disciplinary rulings.
RICS has launched two disciplinary actions against Mr Mire, who has been ruled unfit to hold a judicial appointment and whose companies are barred from advertising on the Leasehold Advisory Service.
The first action was against him personally in June 2015 and was reported on LKP here
Four charges concerning professional conduct was raised, including the finding of the Judicial Conduct Investigations Office:
“Mr Mire had failed to observe the standards that could reasonably be expected of a judicial office holder and that this failing was sufficiently serious to justify his removal from office.”
Mr Mire in fact resigned his judicial appointment before the finding, but it was made clear that the JCIO would have sacked him in any case.
The hearing on February 3-5 this year concerned Trust Property Management, where two out of three allegations were stopped before the case ran out of time on a Friday.
“The case was due to come back before the Panel on 27–28 June 2016, however as a member of the Panel could no longer sit, the proceedings could not continue and the RICS determined that it would be contrary to the public interest for fresh proceedings to be brought.”
The issue of legal costs is to be decided on December 1.
In the first hearing Mr Mire employed the services of barrister Marc Beaumont, who specialises in defending professionals in regulatory prosecutions (according to his Twitter account).
While defending a surveyor, Beaumont successfully challenged that a two-panel hearing was unlawfully constituted as it was in breach of RICS rules and in breach of the right to a fair trial under the European Convention on Human Rights.
Earlier this month, RICS apologised to 317 members whom it had either disciplined or struck off for breaches of RICS rule and offered a fresh review with three panellists.
Doubtless many millions will have to be paid out in compo to chartered surveyors who, perhaps strictly speaking, are not the greatest luminaries of their profession.
LKP is not entirely surprised by this shambles.
One of the charges against Mr Mire last year, which was thrown out along with the rest, was that he had abused his judicial position by giving an interview to News on the Block.
It is doubtful whether any of the leaseholders managed by Trust thought this trifling matter was a serious issue.
LKP apologises to those leaseholders who we urged to have patience with the RICS disciplinary process.
Frankly, General Sir Anthony Cecil Hogmanay Melchett’s court martial of Captain Blackadder was better organised than this fiasco.