header-logo header-logo

15 May 2015 / Daniel Goodkin
Issue: 7652 / Categories: Features , Professional negligence
printer mail-detail

A new black hole

nlj_may_15_goodkin

Daniel Goodkin examines the pitfalls surrounding valuers’ negligence

In Tuita International Ltd (in Liquidation) v De Villiers Surveyors Ltd (Chancery Division, 20 March 2015) the court granted summary judgment on a novel point of causation of loss in valuer’s negligence claims where there has been refinancing and re-mortgage.

The facts

Under a facility agreed in April 2011, the claimant lender loaned the borrower approximately £2.2m in reliance on the defendant valuer’s February 2011 valuation. That valuation was not alleged to be negligent.

The borrower subsequently applied to refinance and increase his borrowing to £3m with the same lender by way of a new facility. The same valuer provided a second valuation report in November 2011. It was assumed for the purposes of summary judgment that the November 2011 valuation was negligent and that the lender had relied on it in agreeing to lend up to a total of £3m. It was further assumed that the lender had redeemed the first mortgage and charge and that the money advanced under the second facility was

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll