pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Is an extension to the SAAMCO principle on the horizon?

Background Property valuation is seldom an exact science; it involves the consideration of both present factors and future contingencies.  With the property crashes of the last two decades came a wealth of litigation considering both the scope of the duty of care owed by valuers to lenders and the extent to which losses caused by negligent valuations are recoverable. One such case which t... [More]

No dual test for remoteness, says the Court of Appeal

The test for remoteness in tort is damage that is reasonably foreseeable. However the test for remoteness in contract is damage that ought to be in the reasonable contemplation of the parties. There are differences between the two. Damage can be reasonably foreseeable (in which case it satisfies the remoteness test in tort) but also highly unusual or unlikely, such as a particularly lucrative cont... [More]

Valuation not negligent in light of earlier transaction: Titan Europe v Colliers

  The Court of Appeal has overturned a High Court trial judge’s decision that a valuer was negligent on a large commercial valuation. The valuation related to commercial property in Germany and the valuation provided in December 2005 was €135 million.  The trial judge applied a bracket of 15% because of the unusual nature of the property and held that the true value at that ti... [More]