Arab Bank plc v John D Wood Commercial Ltd
Arab Bank plc v John D Wood Commercial Ltd
- 2000
- Weekly Law Reports [2000] 1 WLR 857-881(24) .
CA 11 November 1999. In 1989 a borrower sought a loan from plaintiff bank A for the acquisition of an industrial estate. A obtained two separate valuations from chartered surveyors J and W in amounts of £22m and £19m and offered the borrower a loan facility of £17.1m. Borrower was required to take out mortgage indemnity guarantee on top of the 20% amount of loan. Borrower defaulted on loan. A sought damages for negligent valuation advice from J and W. J found to be liable and having refused to allow any deduction to be made in respect of the sum recovered under the mortgage indemnity guarantee ordered J to pay damages of £6m. Claim against W dismissed. A appealed. On appeal held that case should be remitted to judge for determination of damages payable by W and for reconsideration of amount of damages payable by J. The insurance money recovered by A should be ignored in assessing the amount of the damages to which it was entitled.
ARAB BANK PLC V JOHN D WOOD COMMERCIAL LTD
NEGLIGENT VALUATIONS
DAMAGES
MORTGAGE INDEMNITY GUARANTEES
VALUERS
NEGLIGENCE
MEASURE OF DAMAGES
CA 11 November 1999. In 1989 a borrower sought a loan from plaintiff bank A for the acquisition of an industrial estate. A obtained two separate valuations from chartered surveyors J and W in amounts of £22m and £19m and offered the borrower a loan facility of £17.1m. Borrower was required to take out mortgage indemnity guarantee on top of the 20% amount of loan. Borrower defaulted on loan. A sought damages for negligent valuation advice from J and W. J found to be liable and having refused to allow any deduction to be made in respect of the sum recovered under the mortgage indemnity guarantee ordered J to pay damages of £6m. Claim against W dismissed. A appealed. On appeal held that case should be remitted to judge for determination of damages payable by W and for reconsideration of amount of damages payable by J. The insurance money recovered by A should be ignored in assessing the amount of the damages to which it was entitled.
ARAB BANK PLC V JOHN D WOOD COMMERCIAL LTD
NEGLIGENT VALUATIONS
DAMAGES
MORTGAGE INDEMNITY GUARANTEES
VALUERS
NEGLIGENCE
MEASURE OF DAMAGES