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You can find the current article at its original source at https://www.theguardian.com/business/2017/aug/28/savills-estate-agent-mark-holyoake-nicholas-christian-candy-confidentiality-breach-claims
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| Version 2 | Version 3 |
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| Client accuses Savills of confidentiality breach in Candy brothers dispute | Client accuses Savills of confidentiality breach in Candy brothers dispute |
| (25 days later) | |
| Savills, the estate agent to London’s elite, is facing accusations that it breached client confidentiality during a bitter battle between the billionaire Candy brothers and a former business associate. | Savills, the estate agent to London’s elite, is facing accusations that it breached client confidentiality during a bitter battle between the billionaire Candy brothers and a former business associate. |
| The company has received a demand to hand over evidence including text messages and emails relating to an acrimonious legal dispute between the property tycoons and Mark Holyoake. | The company has received a demand to hand over evidence including text messages and emails relating to an acrimonious legal dispute between the property tycoons and Mark Holyoake. |
| Holyoake has applied to the high court for disclosure of the documents with a view to launching a separate lawsuit against Savills, seeking compensation for alleged misconduct including breach of confidentiality, the Guardian understands. | Holyoake has applied to the high court for disclosure of the documents with a view to launching a separate lawsuit against Savills, seeking compensation for alleged misconduct including breach of confidentiality, the Guardian understands. |
| Any such lawsuit could prove embarrassing for Savills, which has a reputation for upholding high standards of discretion about the assets and financial affairs of its wealthy clientele. | Any such lawsuit could prove embarrassing for Savills, which has a reputation for upholding high standards of discretion about the assets and financial affairs of its wealthy clientele. |
| Holyoake is expected to claim that Savills knowingly passed on to Christian and Nicholas Candy a copy of a valuation he paid it to perform on his luxury home in Ibiza. | Holyoake is expected to claim that Savills knowingly passed on to Christian and Nicholas Candy a copy of a valuation he paid it to perform on his luxury home in Ibiza. |
| This, he will allege, gave the brothers information about his assets that helped them exert financial pressure on him. | This, he will allege, gave the brothers information about his assets that helped them exert financial pressure on him. |
| Holyoake has accused the pair of extorting him into making £37m of payments, via various penalties and renegotiated loan agreements, on a £12m loan arranged by his former university friend Nicholas Candy. | Holyoake has accused the pair of extorting him into making £37m of payments, via various penalties and renegotiated loan agreements, on a £12m loan arranged by his former university friend Nicholas Candy. |
| He is suing them for £132m in a separate, unresolved lawsuit concerning the loan. | He is suing them for £132m in a separate, unresolved lawsuit concerning the loan. |
| During that case, evidence emerged that Holyoake will indicate that Savills acted improperly. Emails submitted as evidence show Nicholas Candy became aware of the valuation following a lunch with Savills’ director of valuation, Michael Sharpe-Neal, after which he emailed details of it to his brother. | During that case, evidence emerged that Holyoake will indicate that Savills acted improperly. Emails submitted as evidence show Nicholas Candy became aware of the valuation following a lunch with Savills’ director of valuation, Michael Sharpe-Neal, after which he emailed details of it to his brother. |
| “Even more worrying I have just had lunch with Michael Sharpe-Neal,” he wrote, in an email sent in February 2012. “There is not enough security on the house to cover the £12 million loan!!!” | “Even more worrying I have just had lunch with Michael Sharpe-Neal,” he wrote, in an email sent in February 2012. “There is not enough security on the house to cover the £12 million loan!!!” |
| Nicholas Candy testified during the case that he had obtained the valuation, saying: “I can’t remember whether I was offered it by Savills or whether I asked for it. But either way, I acknowledge it was wrong.” | Nicholas Candy testified during the case that he had obtained the valuation, saying: “I can’t remember whether I was offered it by Savills or whether I asked for it. But either way, I acknowledge it was wrong.” |
| Christian Candy testified that he had seen the valuation during a case that concluded earlier this year, with a verdict not expected until October. | Christian Candy testified that he had seen the valuation during a case that concluded earlier this year, with a verdict not expected until October. |
| He was asked if the Savills valuation was “plainly a confidential document which you should never have been provided” and answered: “Yes.” | He was asked if the Savills valuation was “plainly a confidential document which you should never have been provided” and answered: “Yes.” |
| Holyoake wants Savills to turn over any further correspondence that could lend weight to his claim that the estate agent improperly disclosed its €16m (£15m) valuation of his Ibiza property, called Casa Campanilla. | Holyoake wants Savills to turn over any further correspondence that could lend weight to his claim that the estate agent improperly disclosed its €16m (£15m) valuation of his Ibiza property, called Casa Campanilla. |
| Holyoake will highlight a close working relationship between the Candys and Savills, including the fact that the estate agency earned a £10m commission on the brothers’ One Hyde Park development. | Holyoake will highlight a close working relationship between the Candys and Savills, including the fact that the estate agency earned a £10m commission on the brothers’ One Hyde Park development. |
| He will also claim that Savills passed further details about the Ibiza home, including a floor plan and photographs, which he will say were not publicly available and posed a security risk to him and his family. | He will also claim that Savills passed further details about the Ibiza home, including a floor plan and photographs, which he will say were not publicly available and posed a security risk to him and his family. |
| During his long-running dispute with the Candys, Holyoake alleged that Christian Candy physically threatened his pregnant wife, which the property tycoon strenuously denied. | During his long-running dispute with the Candys, Holyoake alleged that Christian Candy physically threatened his pregnant wife, which the property tycoon strenuously denied. |
| The businessman will allege that Savills acted against his interests by passing on information about a valuation of Grosvenor Gardens House, a luxury development he says the Candy brothers hoped to “steal” from him in lieu of loan repayment. | The businessman will allege that Savills acted against his interests by passing on information about a valuation of Grosvenor Gardens House, a luxury development he says the Candy brothers hoped to “steal” from him in lieu of loan repayment. |
| He will say this, coupled with a delay by Savills in completing the valuation, frustrated his attempts to seek refinancing of his £12m loan from the Candys and helped them extract higher repayments from him. | He will say this, coupled with a delay by Savills in completing the valuation, frustrated his attempts to seek refinancing of his £12m loan from the Candys and helped them extract higher repayments from him. |
| Holyoake will allege that Savills further breached his confidentiality by telling Nicholas Candy that a cheque he paid to the estate agent had bounced. | Holyoake will allege that Savills further breached his confidentiality by telling Nicholas Candy that a cheque he paid to the estate agent had bounced. |
| An email submitted as evidence in the previous case against the Candys shows Nicholas Candy saying “Ned”, understood to be Ned Baring, a Savills director, had told him about the bounced cheque. | An email submitted as evidence in the previous case against the Candys shows Nicholas Candy saying “Ned”, understood to be Ned Baring, a Savills director, had told him about the bounced cheque. |
| The request for document disclosure from Savills is a procedural step that usually comes before a further legal claim. | The request for document disclosure from Savills is a procedural step that usually comes before a further legal claim. |
| Holyoake is understood to believe that any documents turned over by Savills will form the basis of a claim for financial redress, including compensation for the alleged breaches of confidentiality. | Holyoake is understood to believe that any documents turned over by Savills will form the basis of a claim for financial redress, including compensation for the alleged breaches of confidentiality. |
| Savills is thought to have refused a request to disclose the documents voluntarily, but declined to comment when contacted by the Guardian. Sharpe-Neal also declined to comment. | Savills is thought to have refused a request to disclose the documents voluntarily, but declined to comment when contacted by the Guardian. Sharpe-Neal also declined to comment. |
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