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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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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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