header-logo header-logo

When duty calls?

20 January 2011 / Alison Padfield
Issue: 7449 / Categories: Features , Property , Professional negligence
printer mail-detail

Scullion provides some lessons in law & life for the buy-to-let market, says Alison Padfield

The High Court has recently held that a surveyor engaged to provide a valuation of a buy-to-let property for a lender owes a duty of care in tort to the purchaser. The decision, which is already subject to appeal, raises issues of significant importance to buy-to-let investors, and to surveyors and their professional indemnity insurers.

The case was Scullion v Bank of Scotland (trading as Colleys) [2010] EWHC 572 (Ch), [2010] All ER (D) 181 (Mar), [2010] EWHC 2253 (Ch). Twenty years earlier, in Smith v Eric S Bush [1990] 1 AC 831, [1989] 2 All ER 514 the House of Lords held that a surveyor engaged by a mortgage lender to value “a modest house at the lower end of the property market” owed a duty of care in tort to the purchaser. At that stage, the position in relation to very expensive houses or commercial property was expressly reserved. More recently, in Wilson v D M Hall [2004] ScotCS 268, [2005] PNLR 375, a small-scale, first-time

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll