An estate agency boss in London has called for more effective efforts to regulate the industry after spending three-and-a-half years chasing a former employee through the courts following serious misconduct.

The agent involved is Caroline Ann Nicholas (inset, main image), who is understood to be operating as an estate agent in the Capital. She has now had a Leave to Appeal against the outcome of the civil case turned down.

This case against her, which was heard over 13 days last year, was brought by Tates (Agents) Limited based in West London (main image) where she worked until June 2020 as both a lead business manager and director of the firm with day-to-day responsibilities for its operation.

Tates’ owner, chartered accountant Kim Gottlieb, who founded the firm in 1988, has spent significant sums and time taking Nicholas to court and tells The Neg he is pleased that her Leave to Appeal has now been dismissed.

Incidents

“It was four months after she left us that we began to uncover ‘incidents’ which mainly took the form of her submitting false invoices for sub-agent fees, which she distributed to her friends and family,” he says.

“She was the manager of the business and had the authority to issue instructions to staff who had no reason to think her directions were invalid.

“What is so awful about her actions was not just the misconduct, but the way in which she misled the colleagues who supported her over the years and abused the trust that had been placed in her.”

The judge in the case was Recorder John Gallagher, who at the original hearing considered the multiple claims made by Tates. He described Nicholas as an “unreliable and dishonest witness” in his judgement, additionally highlighting her evidence as “manifestly absurd”, “evasive”, “incoherent” and “laughable”.

“The evidence, I find, to have been fabricated or to put it bluntly, to be a pack of lies,” he added.

Bankruptcy

Tates has also secured a Bankruptcy Order against Nicholas as part of its efforts to recover both the misplaced sums and the £70,000 she was paid under the terms of a settlement agreement when she left the firm, as well as the firm’s legal fees.

“It has been a horrible and costly experience for us, but we have survived and are stronger today,” says Gottlieb.

The case was brought by Tates via a civil proceeding at Guildford County Court. The judge in a civil case cannot ‘convict’ a person – only criminal courts can do that – but instead deem someone liable for their actions and order them to pay damages.