Below is an attempt by solicitors of a managing agent to stop leasehold residents from criticising a managing agent whose contract has been terminated.
The document is interesting because it is the first time we have encountered an attempt to silence directors of a residents’ management company (RMC).
The other prominent case where a confidentiality agreement was made was when the well heeled residents of St George’s Wharf, Vauxhall, received a £1 million check for excessive service charges in September 2011. This record win came in the form of a cheque from the prestigious Berkeley Group, which builds luxury Thames-side developments. It was a strange episode as the chief executive of Berkeley was quite happy to discuss a pay-out that his company had prevented the residents talking about.
It can be read here
The confidentiality clause in this case has wording that is extremely loose, particularly in urging the directors to use their “best endeavours” to prevent other shareholders – that is, residents – from criticising the out-going managing agent.