Bratt v Jones (Record no. 121955)

MARC details
000 -LEADER
fixed length control field 02498nab a22002535a 4500
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20250512105729.0
007 - PHYSICAL DESCRIPTION FIXED FIELD--GENERAL INFORMATION
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008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 240614t2024 xxk oo | o000 0 eng |
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Bratt v Jones
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Place of publication, distribution, etc. Chancery Division (Property Trusts and Probate list)
Name of publisher, distributor, etc. [2024] EWHC 631 (Ch),
Date of publication, distribution, etc. 22 March 2024
520 ## - SUMMARY, ETC.
Summary, etc. [2024] EWHC 625 (KB). The claimant claimed damages from the defendant valuer in relation to his valuation of a freehold development site. The claimant argued that the court should reach a determination as to the true market value of the site as at June 2013, and find<br/>that the likely value was £8 million and that the defendant was negligent because his valuation was well outside a 10% margin. The claimant failed to show that the defendant valuer had been negligent where his valuation fell within the bracket of a reasonable range of values, which was plus or minus 15% of the most likely value determined by the court. <br/>The appropriate primary approach to valuation of the site was by reference to comparables, but that should<br/>be cross-checked by a residual valuation, since developer purchasers would have carried out their own detailed residual<br/>calculations in respect of the site, by reference to the anticipated sale proceeds less the costs of construction<br/>‘i) For a valuer, like any other professional, to be found to be liable for professional negligence it is a fundamental "Bolam" requirement that they be found to have acted otherwise than in accordance with practices which are regarded as acceptable by a respectable body of opinion in the profession, recognising that there is scope for differences of reasonable professional opinion, and that the process of professional valuation is an art as much as a science;<br/>ii) But it is, in any event, a precondition of liability that the valuer's valuation should fall outside the range permitted to a non-negligent valuer in respect of that particular type or kind of valuation.’<br/>
520 ## - SUMMARY, ETC.
Summary, etc. Upheld by CA in judgment of 2 May 2025, neutral citation [2025] EWCA Civ 562
650 0# - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RESIDUAL VALUATION
650 0# - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BRATT V JONES
650 0# - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MERRIVALE MOORE PLC V STRUTT & PARKER
650 0# - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMPARABLES
650 0# - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PROFESSIONAL NEGLIGENCE
650 0# - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element VALUATION
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name United Kingdom
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Valuation
9 (RLIN) 6273
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Ch/2024/631.html">https://www.bailii.org/ew/cases/EWHC/Ch/2024/631.html</a>
Public note Available on BAILII
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Source of classification or shelving scheme Dewey Decimal Classification
Holdings
Withdrawn status Lost status Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Date last seen Price effective from Koha item type
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