Having paid out pounds 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 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:
Gazette 09-Mar-2000
Statutes:
Civil Liability (Contributions) Act 1978 1(1)
Jurisdiction:
England and Wales
Citing:
Appealed to – Howkins and Harrison (A Firm) v Tyler and Another CA 3-Aug-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 also sought to recover the payment from the defendant under the Act. The application to stay the . .
Cited by:
Cited – Royal Brompton Hospital National Health Service Trust v Hammond and others HL 25-Apr-2002
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims.
Held: The Act sought to extend . .
Appeal from – Howkins and Harrison (A Firm) v Tyler and Another CA 3-Aug-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 also sought to recover the payment from the defendant under the Act. The application to stay the . .
Lists of cited by and citing cases may be incomplete.
Damages, Professional Negligence
Updated: 25 July 2022; Ref: scu.81503