briefing
December 2011
Surveyors’ cases 2011
Some of 2011’s most significant cases involving surveyors
Capita Alternative Fund Services (Guernsey) Ltd v Drivers Jonas
The claimants engaged the defendant firm of chartered surveyors and property consultants to advise them in
relation to the acquisition and development of a factory outlet shopping centre (FOC) at Chatham Historic
Dockyard (Dockside). Drivers Jonas overvalued Dockside at £48,150,000. The claimants sued the firm for
damages in respect of their losses, which totalled about £42,322,500 and contended that since Drivers Jonas was
advising them whether or not to proceed with the transaction they could recover the entirety of their loss. The judge
allowed the claim but awarded damages of only £18.05 million and not the claimants’ full loss.
Scullion v Bank of Scotland
The proposition established in Smith v Eric S Bush that the duty of care owed by a property surveyor to a
mortgagee to prepare its valuation report with skill and care extended to the purchaser of the valued property, did
not apply where the transaction concerned an investment in a buy-to-let property rather than an ordinary domestic
householder purchasing his home. There was no inherent likelihood that a purchaser, buying property for the
purpose of letting it out, would rely on a valuation provided to the mortgagee rather than obtaining his own
valuation.
Clinton Eagle v Redlime
This case concerned a dog kennel block and its deficient concrete base. The claimant’s claim against the
contractor Redlime, was time-barred because he had the required knowledge more than three years before issuing
the claim. He did not know about the full extent of the damage at that point, but that was irrelevant as long as the
damage he knew about was “sufficiently serious" to justify instituting proceedings for damages against a defendant
who did not dispute liability and was able to satisfy a judgment within the meaning of s14A(7) of the Limitation Act
1980. It did not matter that other more serious damage might exist, which would only be discovered at a later date.
Miranda Whiteley
Professional Support Lawyer
+44(0)1223 222459
miranda.whiteley@mills-reeve.com
www.mills-reeve.com T +44(0)844 561 0011
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