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

valuers breathe a sigh of relief

17 June 2011

The much anticipated decision in the case of Scullion v Bank of Scotland t/as Colleys was handed down this morning by the Court of Appeal.

In overturning the first instance decision, it was held that the valuer of a residential property does not owe a duty of care to a borrower if he was instructed by a commercial lender and the borrower is a buy-to-let investor. In reaching this decision, the Court of Appeal has ruled that there is a distinction between ‘standard’ purchasers (to whom a duty is owed, even if the valuer was instructed by the lender) and buy-to-let investors.

This decision will be welcomed by valuers and their insurers, who will have been concerned by the first instance decision, which sought to widen the scope of the principle in Smith v Bush, increasing claim numbers in a sector that has already been badly hit by the downturn in the housing market.

related opinions

Valuing a claim following professional negligence

Mrs Jean Edwards v Hugh James Ford Simey (a Firm) (2018 EWCA) is an interesting case involving solicitor’s negligence in the bringing of a disease claim under a vibration white finger scheme against the Department of Trade and Industry by the estate of a former miner.

View blog

Fundamental dishonesty – surveillance instrumental in securing dismissal under s.57 CJCA

In Peter Stanton v Henry Hunter Recorder Hatfield QC found that the claimant, who had knowingly provided false instructions to medical experts and had been shown in surveillance evidence to have returned to work with no limitation of movement in his left shoulder as alleged, had been fundamentally dishonest.

View blog

Are your communications with an expert disclosable?

The Court has ruled in the case of Allen Tod Architecture Ltd (C) v Capita Property and Infrastructure Ltd (D) [2016] EWHC 2171 (TCC) that as a condition of being granted permission to instruct a new expert (having lost confidence in the first expert instructed) C had to provide disclosure of the first expert’s preliminary report.

View blog

Enterprise Act 2016 - late payment of insurance claims

The Enterprise Bill was granted Royal Assent last week and comes into force on 4 May 2017.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up