Mount Banking Corporation Ltd v Brian Cooper & Co
Mount Banking Corporation Ltd v Brian Cooper & Co
- 1992
- Estates Gazette 1992 35 EG 123-136(8) .
QBD 28 May 1992. Claim for damages by plaintiff bank (M) against defendant firm (B) alleging negligence and breach of contract in the valuation of a property for a mortgagee. Mr Cohen (C) carried out the valuation on behalf of (B). In August 1989 the mortgagee (H) a director of Zenhide Ltd sought a loan in connection with the acquisition and development of a property at 17-19 Hartington Road Stockwell, London consisting of an existing office building and a rear yard with street access on which there was planning permission for a single-storey extension. H applied to M for a loan of 70% of valuation plus 70% of development costs at a purchase price of £444,000. M instructed B to carry out a valuation on four counts (1) open market valuation of existing property (2) the forced sale of the value of the property as existing (3) open market value of the property refurbished and extended and (4) forced sale value of the property refurbished and extended. C carrying out the work on behalf o
10% RULE
BOLAM PRINCIPLE
BREACH OF CONTRACT
FORCED SALE VALUE
NEGLIGENCE
OPEN MARKET VALUE
VALUATIONS
QBD 28 May 1992. Claim for damages by plaintiff bank (M) against defendant firm (B) alleging negligence and breach of contract in the valuation of a property for a mortgagee. Mr Cohen (C) carried out the valuation on behalf of (B). In August 1989 the mortgagee (H) a director of Zenhide Ltd sought a loan in connection with the acquisition and development of a property at 17-19 Hartington Road Stockwell, London consisting of an existing office building and a rear yard with street access on which there was planning permission for a single-storey extension. H applied to M for a loan of 70% of valuation plus 70% of development costs at a purchase price of £444,000. M instructed B to carry out a valuation on four counts (1) open market valuation of existing property (2) the forced sale of the value of the property as existing (3) open market value of the property refurbished and extended and (4) forced sale value of the property refurbished and extended. C carrying out the work on behalf o
10% RULE
BOLAM PRINCIPLE
BREACH OF CONTRACT
FORCED SALE VALUE
NEGLIGENCE
OPEN MARKET VALUE
VALUATIONS