header-logo header-logo

20 January 2011 / Alison Padfield
Issue: 7449 / Categories: Features , Property , Professional negligence
printer mail-detail

When duty calls?

Scullion provides some lessons in law & life for the buy-to-let market, says Alison Padfield

The High Court has recently held that a surveyor engaged to provide a valuation of a buy-to-let property for a lender owes a duty of care in tort to the purchaser. The decision, which is already subject to appeal, raises issues of significant importance to buy-to-let investors, and to surveyors and their professional indemnity insurers.

The case was Scullion v Bank of Scotland (trading as Colleys) [2010] EWHC 572 (Ch), [2010] All ER (D) 181 (Mar), [2010] EWHC 2253 (Ch). Twenty years earlier, in Smith v Eric S Bush [1990] 1 AC 831, [1989] 2 All ER 514 the House of Lords held that a surveyor engaged by a mortgage lender to value “a modest house at the lower end of the property market” owed a duty of care in tort to the purchaser. At that stage, the position in relation to very expensive houses or commercial property was expressly reserved. More recently, in Wilson v D M Hall

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott —Lee Edwards

Clarke Willmott —Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

Penningtons Manches Cooper—Gary Walsh

Penningtons Manches Cooper—Gary Walsh

Marine finance partner strengthens Penningtons Manches Cooper's banking and finance practice

NEWS
The cross-party Justice Select Committee has warned legal aid is now a ‘service in managed decline’ due to ministers’ ‘inadequate’ and ‘disappointing’ response to its concerns
It would not be in the public interest to bring contempt proceedings against MI5 for providing unreliable evidence about its policy of ‘neither confirming nor denying’ someone worked for the intelligence services, the High Court has held
The Civil Justice Council has recommended a practice direction (PD) be drawn up to advise lawyers on the use of artificial intelligence (AI) in court documents
Courts modernisation champion and technology enthusiast Sir Geoffrey Vos has retired after an extraordinary career
Practitioners have welcomed two autumn budget reforms relating to inheritance tax on pensions
back-to-top-scroll