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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll