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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll