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08 July 2016
Issue: 7706 / Categories: Case law , Law digest , In Court
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Practice

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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

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