Campbell v Meacocks ( a firm)
Campbell v Meacocks ( a firm)
- 1993
- Construction Industry Law Letter 1993 CILL 886-888(3) .
QBD 3 October 1993. C purchased a bungalow in 1985 for which the building society had employed M, a firm of surveyors, to produce an inspection report and valuation which was paid for by C. In the report four minor matters were referred to. In 1991 C noticed cracks appearing and called in a structural engineer who reported structural movement due to subsidence. The original valuation had been £49,000 and these proceedings were brought on the basis that the true valuation should be £20,000. M denied liability on the grounds that as the problem was spotted six years after the survey it was barred by Limitation Act 1980 s2. C claimed to be entitled to rely on s14A of the Act. This was upheld on the grounds that the section applied to negligent mistatement and that they did not have the knowledge required to bring an action in repect of damage until 1991.
HORBURY V CRAIG HALL & RUTLEY
LIMITATION ACT 1980 S 14A
LIMITATION ACT 1980 S2
MORTGAGE SURVEY
MORTGAGE VALUATION
NEGLIGENCE
STRUCTURAL MOVEMENT
SUBSIDENCE
SURVEYORS
VALUERS
QBD 3 October 1993. C purchased a bungalow in 1985 for which the building society had employed M, a firm of surveyors, to produce an inspection report and valuation which was paid for by C. In the report four minor matters were referred to. In 1991 C noticed cracks appearing and called in a structural engineer who reported structural movement due to subsidence. The original valuation had been £49,000 and these proceedings were brought on the basis that the true valuation should be £20,000. M denied liability on the grounds that as the problem was spotted six years after the survey it was barred by Limitation Act 1980 s2. C claimed to be entitled to rely on s14A of the Act. This was upheld on the grounds that the section applied to negligent mistatement and that they did not have the knowledge required to bring an action in repect of damage until 1991.
HORBURY V CRAIG HALL & RUTLEY
LIMITATION ACT 1980 S 14A
LIMITATION ACT 1980 S2
MORTGAGE SURVEY
MORTGAGE VALUATION
NEGLIGENCE
STRUCTURAL MOVEMENT
SUBSIDENCE
SURVEYORS
VALUERS