Merrett v Babb
Merrett v Babb
- 2001
- Weekly Law Reports [2000] 3 WLR 1-30(31) .
CA 15 February 2001. The appellant (B) sought to overturn a CC ruling that he was personally liable, following the bankruptcy of his employer which terminated his professional indemnity insurance cover, for an incorrect mortgage valuation. B's grounds for the appeal were that he owed M no duty of care and that even if he did so she was only entitled to a half the amount of damages as she only had a half interest in the property. The appeal was dismissed it being held that B owed a duty of care to M and her mother jointly as he had signed the mortgage valuation report assuming personal responsibility for it knowing that they would rely on it, and that as the joint claim could not be properly maintained unless the mother was a party the court had the power to order her to be joined as a claimant under the Limitation Act 1980 s35 and CPR 19.5.
CIVIL PROCEDURE RULES PART 19.5
DUTY OF CARE
LIMITATION ACT 1980 S35
MERRETT V BABB
MORTGAGE VALUATIONS
NEGLIGENCE
PERSONAL LIABILITY
SURVEYORS
PROFESSIONAL NEGLIGENCE
CA 15 February 2001. The appellant (B) sought to overturn a CC ruling that he was personally liable, following the bankruptcy of his employer which terminated his professional indemnity insurance cover, for an incorrect mortgage valuation. B's grounds for the appeal were that he owed M no duty of care and that even if he did so she was only entitled to a half the amount of damages as she only had a half interest in the property. The appeal was dismissed it being held that B owed a duty of care to M and her mother jointly as he had signed the mortgage valuation report assuming personal responsibility for it knowing that they would rely on it, and that as the joint claim could not be properly maintained unless the mother was a party the court had the power to order her to be joined as a claimant under the Limitation Act 1980 s35 and CPR 19.5.
CIVIL PROCEDURE RULES PART 19.5
DUTY OF CARE
LIMITATION ACT 1980 S35
MERRETT V BABB
MORTGAGE VALUATIONS
NEGLIGENCE
PERSONAL LIABILITY
SURVEYORS
PROFESSIONAL NEGLIGENCE