Buying a property or investing in a business premises is a major commitment and often requires the services of professionals to help you ensure you are making the wisest investment possible. If that advice falls short of a reasonable level of competence and you suffer financial loss as a result you may be able to make a claim for damages. At Healys we are experts in dealing with Professional Negligence Claims Against Surveyors and Valuers, we offer free initial advice regarding your claim and if you do wish to proceed we offer a “No Win No Fee” service in the form of a Conditional Fee Agreement.
There are a number of aspects which will be necessary to prove in any negligence claim against a valuer or surveyor, but, assuming the professional giving the valuation owed the client a duty of care, most cases will be decided on one or more of the following factors:
In the event that one, or indeed all, of the above are proven, the chances of success in a negligence claim are good, but by no means guaranteed.
This is because it is still incumbent on the claimant to prove that the valuation caused financial loss as a result of the faulty valuation or survey. Without this loss, there is no obligation for the defendant to pay compensation.
In the case of K/S Lincoln and others v CB Richard Ellis Hotels Limited [2010] EWHC 1156 (TCC), Mr Justice Coulson ruled that the methodology used by a valuer or surveyor could have no bearing on the future of any negligence ruling. Instead, he determined, what matters is whether the final valuation falls within the accepted margin of error.
This ruling clarified that of an earlier case, Singer & Friedlander v. John D Wood & Co [1977] 2 EGLR 84, in which the judge stated:
“The valuation of land by trained, competent and careful professional men is a task which rarely, if ever, admits of precise conclusion. Often beyond certain well-founded facts so many imponderables confront the valuer that he is obliged to proceed on the basis of assumptions. Therefore he cannot be faulted for achieving a result which does not admit of some degree of error. Thus, two able and experienced men, each confronted with the same task, might come to different conclusions without anyone being justified in saying that either of them has lacked competence and reasonable care, still less integrity, in doing his work.
“Any valuation that falls outside the permissible margin of error brings into question the competence of the valuer and the sort of care he gave to the task of valuation.”
According to the Coulson ruling, in all but the most exceptional of cases, the following thresholds of margin of error apply:
Has a surveyor or valuer provided you with a valuation that falls below the accepted standards of competency for a professional? If so, and you have suffered significant financial loss as a result, you may be entitled to receive compensation.
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16th March 2023
Professional Negligence Partner, Robert Johnson provides a guide to assist you explore your potential negligence claim. Continue reading »
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Georgia Teague, a litigation paralegal at Healys LLP was recently selected to represent Great Britain in the IFAF Women’s American Football European Championships. The team competed last Saturday at the Sixways Stadium in their first fixture, which saw them dominate the game and win 40-0 against Sweden. Continue reading »
14th April 2023
We are pleased to announce that Robert Johnson, Partner and Head of Healys Professional Negligence, has been identified as a leader in his field and recommended for inclusion in this year’s Who’s Who Legal: Professional Negligence report. Continue reading »
27th March 2023
Whenever possible, Healys LLP commits to initiatives that support more diversity & inclusion within the business community. That’s why earlier this month, we joined forces with Best of British Events alongside Seico Mortgages, Kreston Reeves & Sussex Business Times to host a special event in celebration of Women’s Month. Continue reading »
In recent weeks AI technology has been a hot topic for many businesses as we consider the advantages and threats of this new technology. That’s why leading law firm Healys LLP have partnered with Business Solutions Networking to host a virtual event which provides insight into how your business can take advantage of AI to save you and your business valuable time and recourses.
16th March 2023
Professional Negligence Partner, Robert Johnson provides a guide to assist you explore your potential negligence claim. Continue reading »