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Reversal of fortune

29 September 2011 / Alison Padfield
Issue: 7483 / Categories: Features , Property , Professional negligence
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Alison Padfield explains why legal clarity & coherence trumped fairness in Scullion

The Court of Appeal has decided that a surveyor engaged to provide a valuation of a buy-to-let property for a lender does not owe a duty of care in tort to the purchaser (Scullion v Bank of Scotland plc (trading as Colleys) [2011] EWCA Civ 693 [2011] All ER (D) 126 (Jun)). Resisting the temptation to allow a hard case to make bad law, Lord Neuberger MR (giving the only reasoned judgment) reversed the decision of the judge below, even though it appeared, as he said, that the purchaser had been taken advantage of by a property development company, had been misled badly by his conveyancing solicitors, had been innocently involved in a mortgage scam orchestrated by a number of people, and had been misinformed by the valuer. As a result, the purchaser bought the flat which was the subject of the proceedings, and lost a “not insignificant” amount of money.

The claimant, Mr Scullion, started his working life as

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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