The parties disputed the extent of duty owed by a surveyor to a lender relying on his valuation of a property to be loaned.
Held: The valuer’s appeal failed. The valuer had valued the wrong property, after being misled by the borrower. The lender was entitled to damages. The court should ask whether, having regard to the facts and matters known to both parties when the instructions were accepted, the professional person assumed an unqualified obligation in relation to the particular matter in question.
Judges:
Sir Anthony Clarke, Master of the Rolls, Lord Justice Rix and Lord Justice Moore-Bick
Citations:
[2008] EWCA Civ 930, Times 06-Oct-2008, [2009] QB 426, [2009] 2 WLR 1016, [2009] 2 All ER 344
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Harmer v Cornelius CexC 1858
An artist was to be employed as a ‘panorama and scene-painter’ for a period of at least a month.
Held: The employer was entitled to terminate the contract after two days when the artist proved to be incompetent. Willes J said: ‘When a skilled . .
Cited – Smith v Eric S Bush, a firm etc HL 20-Apr-1989
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and . .
Cited – Greaves and Co (Contractors) Ltd v Baynham Meikle and Partners CA 1975
Consultant engineers were instructed to design a warehouse, the first floor of which, as they knew, was to be used for storing drums of oil that would be moved around by fork-lift trucks. The warehouse was built to the engineers’ design but after a . .
Cited – Samuels v Davis 1943
When a dentist agrees to make a set of false teeth for a patient, there is an implied warranty that they will fit his gums. . .
Cited – Midland Bank Plc v Cox McQueen (A Firm) CA 26-Jan-1999
Solicitors were instructed by the bank to obtain the signature of a client and of his wife to a motgage. The deed was signed by the husband and a woman pretending to be the wife.
Held: The court said that it was asked whether the bank intended . .
Cited – Zwebner v Mortgage Corporation Plc; Trustee of Property of Zwebner and Brooks and Co CA 18-Jun-1998
The claimant applied for a loan secured against a property owned with his wife. The defendant instructed solicitors who reported on title with an undertaking that documents would be executed before completion. They sent the mortgage to Mr. and Mrs. . .
Cited – Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co CA 21-May-1998
The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 15 September 2022; Ref: scu.271290