header-logo header-logo

17 May 2012 / Adrian Kwintner
Issue: 7514 / Categories: Features , Property , Professional negligence
printer mail-detail

Art or science?

Adrian Kwintner puts the art of property valuation under the spotlight

The most recent cases on negligence claims against property valuers endorse courts’ longstanding view that the valuation process is subjective and there will be a permissible range (“margin of error”) within which competent valuations may fall. They also confirm that judges will scrutinise a valuer’s methodology whether for a modern flat (Paratus AMC Ltd v Countrywide Surveyors Ltd [2011] EWHC 3307 (Ch)) or a shopping centre (Capita Alternative Fund Services (Guernsey) Ltd v Drivers Jonas [2011] EWHC 2336 (Comm)). But a low fee may limit a valuer’s obligations.

The starting point for investigating whether a valuation is negligent is determining the “correct valuation” at the relevant time. For this task, courts will examine the valuer’s methodology and expert valuation evidence. Generally, once a court has determined the retrospective valuation, it will prescribe a margin either side of this figure within which a competent valuation may fall. If a valuation falls outside the margin, the valuer can in theory still escape liability if he can prove that he exercised reasonable skill

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll