Mr and Mrs Peter George and Mr and Mrs Andrew George v Countrywide Surveyors
Mr and Mrs Peter George and Mr and Mrs Andrew George v Countrywide Surveyors
- 2002
Liverpool TCC, 4 October 2002. Claim against firm of chartered surveyorsr for failing to give an accurate valuation of the relevant premises and for failing to indicate in the valuation report a major serious structural defect which was present at the material time. Property was purchased by G and others with the view to it being rented out as an investment. Five major issues raised were i) did defendants C owe a duty of care to claimants G? ii) if so, did C successfuly exclude any duty that they may have otherwise owed? iii) was C negligent in the valuation and report on the property, iv) did G rely on the report and v) what is the proper measure of damage. "Held" that C had no duty of care to G as a third party and moreover, the disclaimer limited the liability of the claim to the bank alone. Liability put aside. The failure to let the property was due to vandalism rather than the cracking. Claim dismissed. Contact Court Usher, Liverpool Combined Court Centre, The Queen Elizabeth II Law Courts, Derby Square, Liverpool, L2 1XA +44 (151) 473 7373 to obtain photocopy.
GEORGE AND OTHERS V COUNTRYWIDE SURVEYORS
MORTGAGE VALUATIONS
DUTY OF CARE
LIABILITY
DISCLAIMERS
THIRD PARTY
SMITH V BUSH
Liverpool TCC, 4 October 2002. Claim against firm of chartered surveyorsr for failing to give an accurate valuation of the relevant premises and for failing to indicate in the valuation report a major serious structural defect which was present at the material time. Property was purchased by G and others with the view to it being rented out as an investment. Five major issues raised were i) did defendants C owe a duty of care to claimants G? ii) if so, did C successfuly exclude any duty that they may have otherwise owed? iii) was C negligent in the valuation and report on the property, iv) did G rely on the report and v) what is the proper measure of damage. "Held" that C had no duty of care to G as a third party and moreover, the disclaimer limited the liability of the claim to the bank alone. Liability put aside. The failure to let the property was due to vandalism rather than the cracking. Claim dismissed. Contact Court Usher, Liverpool Combined Court Centre, The Queen Elizabeth II Law Courts, Derby Square, Liverpool, L2 1XA +44 (151) 473 7373 to obtain photocopy.
GEORGE AND OTHERS V COUNTRYWIDE SURVEYORS
MORTGAGE VALUATIONS
DUTY OF CARE
LIABILITY
DISCLAIMERS
THIRD PARTY
SMITH V BUSH