Raja v Austin Gray
Raja v Austin Gray
- 2003
- Estates Gazette [2003] 04 EG 151 (CS) (1) Estates Gazette [2003] 13 EG 117-124(8) .
[2002] EWCA Civ 1965 19 December 2002. The respondent (R) owned properties that he had charged to a third party as security on loans. The third party went into receivership and exercised a power of sale over R's properties.The receivers appointed the appellant AG to value the properties. The first issue was whether the receivers owed a duty of care in equity to the deceased (R) in relation to the valuations of the properties. If not the case, then AG did not owe a duty of care to R. The second issue was whether AG owed a duty of care to any party other than the receivers as their clients. CA held that it was not just, fair and reasonable to treat AG as owing a duty of care directly to T. Appeal allowed (for HC judgment see X119613).
RAJA V AUSTIN GRAY
NEGLIGENT VALUATION
VALUATIONS
EQUITY OF REDEMPTION
MORTGAGES
DUTIES
FORESEEABILITY
UNDERVALUE
DUTY OF CARE
REASONABLE
[2002] EWCA Civ 1965 19 December 2002. The respondent (R) owned properties that he had charged to a third party as security on loans. The third party went into receivership and exercised a power of sale over R's properties.The receivers appointed the appellant AG to value the properties. The first issue was whether the receivers owed a duty of care in equity to the deceased (R) in relation to the valuations of the properties. If not the case, then AG did not owe a duty of care to R. The second issue was whether AG owed a duty of care to any party other than the receivers as their clients. CA held that it was not just, fair and reasonable to treat AG as owing a duty of care directly to T. Appeal allowed (for HC judgment see X119613).
RAJA V AUSTIN GRAY
NEGLIGENT VALUATION
VALUATIONS
EQUITY OF REDEMPTION
MORTGAGES
DUTIES
FORESEEABILITY
UNDERVALUE
DUTY OF CARE
REASONABLE