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29 September 2011 / Alison Padfield
Issue: 7483 / Categories: Features , Property , Professional negligence
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Reversal of fortune

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 Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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