Platform Funding Ltd v Bank of Scotland Plc (Formerly Halifax Plc) [electronic resource]
Platform Funding Ltd v Bank of Scotland Plc (Formerly Halifax Plc) [electronic resource]
- 2008
[2008] EWCA Civ 930, 31 July 2008. When a surveyor had been retained to inspect a property for valuation; there was an obligation to inspect the correct property and inspecting the wrong property was a breach of contract, regardless of the attention to detail applied to the valuation carried out on the property surveyed. Appellant surveyors (B) appealed against an award of breach of contract granted to respondent mortgage lender (P). B had surveyed a property prior to P issuing a mortgage against it. The mortagee had defaulted on payments and P had repossessed the property and it transpired that B had been misled by the borrower into inspecting a different property. P argued that a shortfall of roughly £30 000 when the property was sold should be met by B. Held: appeal dismissed. The judge found against B, stating that when the surveyor took on professional duties, he assumed a duty to exercise a degree of skill and care at least equal to a competent member of his profession. If a professional was working with care he could not be found to be warranted against the fraud of another.
PLATFORM FUNDING LTD V BANK OF SCOTLAND PLC (FORMERLY HALIFAX PLC)
BARCLAYS BANK PLC V WEEKS LEGG & DEAN AND OTHERS
GREAVES AND CO (CONTRACTORS) LTD V BAYNHAM MEIKLE AND PARTNERS
HARMER V CORNELIUS
MIDLAND BANK PLC V COX MCQUEEN
SAMUELS V DAVIS
SMITH V ERIC S BUSH
VEBA OIL SUPPLY AND TRADING GMBH V PETROGRADE INC
ZWEBNER V THE MORTGAGE CORPORATION LTD
England and Wales--1543-
[2008] EWCA Civ 930, 31 July 2008. When a surveyor had been retained to inspect a property for valuation; there was an obligation to inspect the correct property and inspecting the wrong property was a breach of contract, regardless of the attention to detail applied to the valuation carried out on the property surveyed. Appellant surveyors (B) appealed against an award of breach of contract granted to respondent mortgage lender (P). B had surveyed a property prior to P issuing a mortgage against it. The mortagee had defaulted on payments and P had repossessed the property and it transpired that B had been misled by the borrower into inspecting a different property. P argued that a shortfall of roughly £30 000 when the property was sold should be met by B. Held: appeal dismissed. The judge found against B, stating that when the surveyor took on professional duties, he assumed a duty to exercise a degree of skill and care at least equal to a competent member of his profession. If a professional was working with care he could not be found to be warranted against the fraud of another.
PLATFORM FUNDING LTD V BANK OF SCOTLAND PLC (FORMERLY HALIFAX PLC)
BARCLAYS BANK PLC V WEEKS LEGG & DEAN AND OTHERS
GREAVES AND CO (CONTRACTORS) LTD V BAYNHAM MEIKLE AND PARTNERS
HARMER V CORNELIUS
MIDLAND BANK PLC V COX MCQUEEN
SAMUELS V DAVIS
SMITH V ERIC S BUSH
VEBA OIL SUPPLY AND TRADING GMBH V PETROGRADE INC
ZWEBNER V THE MORTGAGE CORPORATION LTD
England and Wales--1543-