References: Times 24-Feb-95, Gazette 22-Mar-95, Times 21-Feb-95, [1995] QB 375
Damages payable to a secured lender for a negligent valuation included losses attributable to general market. Discussing liability where two causes contributed to the damages: ‘the event which the plaintiff alleges to be causative need not be the only or even the main cause of the result complained of: it is enough if it is an effective cause’
This case cites:
- Appeal from – Banque Bruxelles Lambert Sa -v- Eagle Star Ins Co Ltd and Others QBD (Ind Summary 04-Apr-94, Times 07-Mar-94, [1995] 2 All ER 769)
A negligent valuer was liable for the loss arising from an overvaluation, but not from losses attributable to a general fall in the market. . .
This case is cited by:
- Appeal from – South Australia Asset Management Corporation -v- York Montague Ltd etc HL (Gazette 04-Sep-96, Times 24-Jun-96, [1997] AC 191, [1996] PNLR 455, [1996] 27 EG 125, [1996] 3 WLR 87, Bailii, [1996] UKHL 10, [1996] 3 All ER 365, [1996] 2 EGLR 93, 80 BLR 1, [1996] 5 Bank LR 211, [1996] CLC 1179, [1996] 50 Con LR 153)
Damages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a general fall in values. Valuation is seldom an exact science, and within a band of figures valuers may differ without . . - Cited – Paterson and Another -v- Humberside County Council QBD (Times 19-Apr-95, [1995] CLY 3661, [1996] Const LJ 64)
A local authority was liable for nuisance for damage (cracks to house) caused by tree roots once it could be shown that it knew of the soil condition, by virtue of the council’s own warnings to residents of the danger in the area meant that the . . - Cited – Helmsley Acceptances Ltd -v- Hampton CA (Bailii, [2010] EWCA Civ 356)
The claimant lender sought damages from an allegedly negligent valuation by the defendant. It had syndicated its loan, and the defendant now argued that it could only claim for that part of the loan for which it retained ownership.
Held: The . .