pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Mortgage valuations and reliance

More on Phimister v DM Hall LLP [2012] CSOH 169 (see earlier posting), which concerned a valuation of a residential property in Scotland. The Claimant’s criticism is that the Defendant ought to have checked the Property’s acreage and, had he done so, he would have realised that it was 0.46 acres smaller. Lord Glennie dismissed the claim on the primary basis that the Defendant did not ... [More]

Mortgage valuer's duty to report plot size

To what extent is a surveyor, who provides a mortgage valuation, obliged to check on the property’s precise acreage? This question was recently considered by Lord Glennie in Phimister v DM Hall LLP [2012] CSOH 169. The Claimant was a fisherman who, when not at sea, was a property developer. In 2007 he found a possible property (“Property”) comprising “traditional dwelling... [More]

Tax and damages

More on Capita Alternative Fund Services v Drivers Jonas [2012] EWCA Civ 1417 (see earlier posting), which concerned the valuation of a factory outlet shopping centre (“FOC”) at Chatham Dockyard. The Claimants were a variety of investment vehicles and the FOC was in an Enterprise Zone. Hence the individual investors obtained substantial tax credits. In calculating £18.05m damages... [More]

True market value and rejected expert valuation evidence

What happens when the judge rejects the figures provided by opposing experts? Is the claimant then unable to prove loss? The Court of Appeal recently grappled with this issue in Capita Alternative Fund Services v Drivers Jonas [2012] EWCA Civ 1417. This case concerned the valuation of a factory outlet shopping centre (“FOC”) at Chatham Dockyard. The Claimants called two experts, P, who... [More]

Why is a Quistclose trust like the tooth fairy?

If you objectively believe in its purpose it can provide a little prompt comfort during painful times.   The conjunction of festive films and Raymond Bieber v Teathers Ltd (In Liquidation) [2012] EWCA Civ 1466 brought that analogy to mind. Unfortunately the court found that the claimants did not objectively believe in the tooth fairy. The claimants invested in a scheme promoted to take advan... [More]

Court of Appeal and High Court take tough line on dishonesty

Solicitors Regulation Authority v Dennison [2012] EWCA Civ 421 Mr Dennison was a solicitor in a firm specialising in personal injury claims. He also had an interest in a company providing medical reports for use in litigation. He used his position in the firm to instruct the company to prepare medical reports for his clients. He did not disclose this outside interest to the partners in his firm.... [More]