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11 December 2008 / Evelyn Reid
Issue: 7349 / Categories: Features , Property
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Face value?

What happens when surveyors are hoodwinked into valuing the wrong property? Evelyn Reid reports

How was it that a surveyor was misled into valuing the wrong property? That was only one of the questions raised in Platform Funding Ltd v Bank of Scotland Plc (formerly Halifax Plc) [2008] EWCA Civ 930, [2008] All ER (D) 422 (Jul) a case which had all the ingredients for confusion and deceit.

The claimant, Platform Funding Ltd, had been approached by a borrower for a loan to be secured by a mortgage on 1 Bakers Yard, Belchmire Lane, Gosberton, Lincolnshire. The defendant, the Bank of Scotland plc (formerly Halifax plc) but at the relevant time trading as Colleys, purportedly provided Platform Funding Ltd with a valuation of the property, and it advanced a sum of money to the borrower based on that valuation.

Shell shock
The valuer’s report contained a certificate stating that the property had been inspected by the valuer, and the valuation given was a fair indication of the current open market valuation. The borrower’s address as stated in his loan application was 1 Bakers Yard and he

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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
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