Surveyor negligence
Surveyor negligence
- 2001
- Estates Gazette Case Summaries [2001] EGCS 20(1) (24/02/02) .
"Merrett v Babb" CA 15 February 2001. In 1992 the Bradford & Bingley Building Society instructed a firm of surveyors to inspect the property M and her mother wished to buy and to prepare a report using their valuation forms. B, as an employee of the firm, then made and signed a mortgage valuation. In 1995, when the whole beneficial interest in the property was transferred to her, M began proceedings against B alleging that the valuation was negligent. The judge held that B, whose professional indemnity insurance was cancelled in 1994 without run-off cover, had owed M and her mother a duty of care and had been negligent. Damages of £14,500 were awarded. On appeal B contended that as an employee of the firm he had not assumed personal responsibility and therefore owe M a duty of care and that M was only entitled to half the amount of damages as she had only had a half interest in the property. "Held": Appeal dismissed.
DUTY OF CARE
EMPLOYEE'S DUTY OF CARE
PROFESSIONAL INDEMNITY INSURANCE
RESIDENTIAL PROPERTY
Valuation
"Merrett v Babb" CA 15 February 2001. In 1992 the Bradford & Bingley Building Society instructed a firm of surveyors to inspect the property M and her mother wished to buy and to prepare a report using their valuation forms. B, as an employee of the firm, then made and signed a mortgage valuation. In 1995, when the whole beneficial interest in the property was transferred to her, M began proceedings against B alleging that the valuation was negligent. The judge held that B, whose professional indemnity insurance was cancelled in 1994 without run-off cover, had owed M and her mother a duty of care and had been negligent. Damages of £14,500 were awarded. On appeal B contended that as an employee of the firm he had not assumed personal responsibility and therefore owe M a duty of care and that M was only entitled to half the amount of damages as she had only had a half interest in the property. "Held": Appeal dismissed.
DUTY OF CARE
EMPLOYEE'S DUTY OF CARE
PROFESSIONAL INDEMNITY INSURANCE
RESIDENTIAL PROPERTY
Valuation