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Practice

08 July 2016
Issue: 7706 / Categories: Case law , Law digest , In Court
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Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd [2016] EWCA Civ 661, [2016] All ER (D) 10 (Jul)

 

The Court of Appeal, Civil Division, allowed an appeal against summary judgment granted against the claimant on its negligence claim against the defendant surveyor where the claimant alleged loss as a consequence of the defendant’s valuation of a development which the claimant had taken as security for a refinancing transaction. The “but for” test of causation did apply, but when correctly applied it led to the conclusion that the defendant was liable to the claimant for the whole of the loss that flowed from its negligent valuation. The judge’s application of the ‘but for’ test had failed to take into account the structure of the refinancing transaction.

 

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MOVERS & SHAKERS

Gilson Gray—Paul Madden

Gilson Gray—Paul Madden

Partner appointed to head international insolvency and dispute resolution for England

Brachers—Gill Turner Tucker

Brachers—Gill Turner Tucker

Kent firm expands regional footprint through strategic acquisition

Quinn Emanuel Urquhart & Sullivan—William Charles

Quinn Emanuel Urquhart & Sullivan—William Charles

Financial disputes and investigations specialist joins as partner in London

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