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DNB Mortgages v Bullock & Lees

Series: Estates Gazette ; [2000] 17 EG 168-174(7)Publication details: 2000Subject(s): Summary: 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.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS62240 (Browse shelf(Opens below)) 1 Available 105818-1001

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.