Davies and another v Parry
Davies and another v Parry
- 1988
- Estates Gazette (8820) 21 May 1988, 92-100 .
QBD 29 March 1988. an action against a valuer (P) alleging negligence in carrying out a mortgage valuation . The form of application and the valuer`s report emphasised that the valuation was for mortgage purposes only; that the report was not a structural survey and that it should not be assumed that any defects mentioned in the report were the only defects in the property. At the start of the plaintiffs` occupation, a large crack in the floor under the carpet was discovered; the concrete floor of the bungalow had been laid directly over burnt colliery shale which produced a sulphate attack on the concrete , leading to expansion, displacement of brickwork, and disturbance of internal walls. The judge came to the conclusion that if a duty of care was owed by P he had been negligent. There had been sufficient visible indications of settlement or other structural damage to have caused a reasonable valuer to appreciate that there was a problem. The judge was satisfied that in the present
QBD 29 March 1988. an action against a valuer (P) alleging negligence in carrying out a mortgage valuation . The form of application and the valuer`s report emphasised that the valuation was for mortgage purposes only; that the report was not a structural survey and that it should not be assumed that any defects mentioned in the report were the only defects in the property. At the start of the plaintiffs` occupation, a large crack in the floor under the carpet was discovered; the concrete floor of the bungalow had been laid directly over burnt colliery shale which produced a sulphate attack on the concrete , leading to expansion, displacement of brickwork, and disturbance of internal walls. The judge came to the conclusion that if a duty of care was owed by P he had been negligent. There had been sufficient visible indications of settlement or other structural damage to have caused a reasonable valuer to appreciate that there was a problem. The judge was satisfied that in the present