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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll