Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant also sought to recover the payment from the defendant under the Act. The application to stay the claim was refused. The Act could only operate for a claim for the same damage. What was lost by the lender from the default was not the same. Compensation was not the same as recovery of a debt, and the claimant could not claim a subrogation for the lender.
Citations:
Times 04-Aug-2000, Gazette 03-Aug-2000, [2001] Lloyds Rep PN 1
Statutes:
Civil Liability (Contributions) Act 1978 1(1)
Jurisdiction:
England and Wales
Citing:
Appeal from – Howkins and Harrison (A Firm) v Tyler and Another ChD 9-Mar-2000
Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant sought to recover the payment from the defendant under the Act. The application was refused. The Act . .
Cited by:
Cited – Eastgate Group Ltd v Lindsey Morden Group Inc, and Smith and Williamson (a Firm) CA 10-Oct-2001
The defendant faced a claim for breach of warranties given by vendors in a company share sale agreement. The sought a contribution from the purchasers accountants who had prepared figures upon which the purchase decision was based. The defendants’ . .
Appealed to – Howkins and Harrison (A Firm) v Tyler and Another ChD 9-Mar-2000
Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant sought to recover the payment from the defendant under the Act. The application was refused. The Act . .
Lists of cited by and citing cases may be incomplete.
Damages, Professional Negligence
Updated: 10 May 2022; Ref: scu.81505