DNB Mortgages v Bullock & Lees (Record no. 100477)

MARC details
000 -LEADER
fixed length control field 02010cam a2200217 4500
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 000000n2000 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u105818
245 ## - TITLE STATEMENT
Title DNB Mortgages v Bullock & Lees
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2000
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2000] 17 EG 168-174(7)
520 ## - SUMMARY, ETC.
Summary, etc. CA 28 January 2000. In 1989 the defendant surveyor provided a report valuing a residential property at £170,000. The mortgagors fell into arrears in January 1991 when the loan account was £144,000; no payments were made after June 1991. Lender(D) took possession of dwelling and sold it for £100,000 in January 1993. D issued writ against surveyors on 8 May 1996 alleging a negligent valuation report. Deputy judge decided that the claim was statute-barred and that the six year limitation period had expired for claim in contract. The surveyor proved that the lender's loss for a claim in tort occurred before commencement of the limitation period on 8 May 1990. Two experts agreed that the valuation of £170,000 was excessive and that the correct figure should have been £145,000. Judge accepted defendant's evidence that the value of the dwelling in May 1990 was £130,000 when the mortgage debt was £140,080 and the value of the mortgagors' covenant was no more than £10,000. D appealed on the grounds that its loss for the purposes of an action founded in tort accrued after 8 May 1990 and not before and that the judge had been wrong on the burden of proof relating to the limitation period and on the value of the mortgagors' covenant. There was also a falling property market after 8 May 1990 and there was no loss until 1992. The ground of appeal based on 'falling market value' failed. Appeal dismissed.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DNB MORTGAGES LTD V BULLOCK & LEES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element NEGLIGENCE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BURDEN OF PROOF
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LIMITATION PERIOD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element VALUERS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FALLING MARKET
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROFESSIONAL PRACTICE-NEGLIGENCE-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 05/05/2000   ABS62240 105818-1001 06/08/2019 1 06/08/2019 Law report