The judgment related to the assessment of damages for professional negligence by the defendants. The court deprecated the practice of separating off assessments of damages from the principal claim, since this created a risk of confusion. The defendants had advised on applications to extend leases, and had failed to deny that they qualified to be extended, and new leases had to be granted.
Held: The difficulties would have occurred whether or not correct advice had been given, and the court was unable to say the negligence was the cause of the damage. The basis for the credit to be given for the claim was the amount of valuation, not the sums actually received.
The Honourable Mr Justice Peter Smith
[2004] EWHC 1205 (Ch)
Bailii
England and Wales
Citing:
Cited – South Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-1996
Limits of Damages for Negligent Valuations
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 – In re the Oropesa CA 1943
Two steam vessels collided. One’s Master sent fifty of his crew in boats to the other ship and about an hour and a half after the collision decided himself to go to that ship and confer with her Master on measures to be taken. He transferred in . .
Cited – Bell v Peter Browne and Co CA 1990
Mr Bell asked his solicitors to transfer the matrimonial home into his wife’s sole name. He was to receive a one-sixth interest of the gross proceeds on a sale. His interests were to be protected by a trust deed or mortgage. The solicitor drafted . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 October 2021; Ref: scu.197841