0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Izzard v Field Palmer

2 November 2000
The issues

Surveyors – professional negligence – negligence over valuation of system build property

The facts

The Defendant Surveyors were retained by the Mortgagee to carry out a valuation report on a maisonette. The report valued the property at £42,000.00. Structural defects were subsequently discovered. The property was let then re-possessed and sold by the Mortgagee for £6,000.00. The Defendant was found to be negligent as to the state of knowledge of the type of structure in question as at 1998. The actual valuation was accepted as £14,000.00. The Defendant appealed against liability and the quantum judgment of £67,859.00 inclusive of interest and costs allowed under 4 heads:-

a) Difference between the mortgage valuation of £42,000.00 and the expert’s figure of £14,000.00.

b) A sum allowed for heating appliances.

c) Actual mortgage payments less rent receipts

d) Second Bank loan taken out by the Purchaser.

The decision

The appeal against liability was dismissed.

The Appeal against quantum was allowed. No award should have been made under (c) as this represented a loss already compensated under (a) and also because the damages should not have been increased on the basis that the property had been let rather than sold when first vacated. The figure allowed under (d) would also be deleted as no damages should be awarded under that head. Quantum reduced to £28,250.00

focus on...

Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

View

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

View

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up