Civil Service Building Society v MacDougall
Civil Service Building Society v MacDougall
- 1988
- Scots Law Times (1988) SLT 687(4) .
Second division 30 November 1987. Action for damages raised by building society (C) against chartered surveyor (M), alleging negligence in the valuation of three properties on the security of which C advanced funds. C was unable to recover its advances when the borrowers defaulted and sought to recover its losses from M, alleging that M had placed excessive values on the properties. M denied negligence, submitting that in each case the property had been competently valued, taking into account prices obtained for similar properties and comparisons with rateable values. Following a procedure roll debate C enrolled for commission and diligence for the recovery of documents from M, as the documents contained details of the prices and rateable values. M opposed the motion as being premature as proof had not yet been allowed in the action, claiming that such a diligence was a fishing diligence. The Lord Ordinary agreed with M and refused the motion. C reclaimed, submitting that the court w
MORTGAGE VALUATIONS
SCOTLAND
Second division 30 November 1987. Action for damages raised by building society (C) against chartered surveyor (M), alleging negligence in the valuation of three properties on the security of which C advanced funds. C was unable to recover its advances when the borrowers defaulted and sought to recover its losses from M, alleging that M had placed excessive values on the properties. M denied negligence, submitting that in each case the property had been competently valued, taking into account prices obtained for similar properties and comparisons with rateable values. Following a procedure roll debate C enrolled for commission and diligence for the recovery of documents from M, as the documents contained details of the prices and rateable values. M opposed the motion as being premature as proof had not yet been allowed in the action, claiming that such a diligence was a fishing diligence. The Lord Ordinary agreed with M and refused the motion. C reclaimed, submitting that the court w
MORTGAGE VALUATIONS
SCOTLAND