Court holds line on damages
Court holds line on damages
- 2002
- Estates Gazette (0225) 22 June 2002, 149(1) .
A recent case, "Smith v Peter North & Partners", shows that the Court of Appeal still favours the concept of 'diminution in value' when deciding damages for a negligent survey. A negligent surveyor's liability to a purchaser is normally limited to the amount of overpayment (if any). This also applies to commercial property as well as residential. It also applies even where the surveyor is specifically instructed to report on necessary repairs.
DAMAGES
DIMINUTION IN VALUE
COST OF REPAIR
NEGLIGENCE
SURVEYORS' LIABILITIES
SMITH V PETER NORTH & PARTNERS
WATTS V MORROW
A recent case, "Smith v Peter North & Partners", shows that the Court of Appeal still favours the concept of 'diminution in value' when deciding damages for a negligent survey. A negligent surveyor's liability to a purchaser is normally limited to the amount of overpayment (if any). This also applies to commercial property as well as residential. It also applies even where the surveyor is specifically instructed to report on necessary repairs.
DAMAGES
DIMINUTION IN VALUE
COST OF REPAIR
NEGLIGENCE
SURVEYORS' LIABILITIES
SMITH V PETER NORTH & PARTNERS
WATTS V MORROW