Image from Google Jackets

Montlake and others (as trustees of WASPS Football Club) v Lambert Smith Hampton Group Ltd and another

Series: Estates Gazette ; [2004] 20 EG 167 (CS) 167(1)Publication details: 2004Subject(s): Online resources: Summary: [2004] EWHC 938 (Comm), 6 May 2004. Claimants (M) brought a damages action against defendant (L) for breach of contract and negligence in respect of L's valuation of the club's ground in 1996, a valuation obtained prior to the transfer of the club's assets and liabilities to L plc who subsequently sold the ground with outline planning permission for considerably more than the original valuation. M claimed that L's 1996 valuation had been negligent because L had failed to carry out proper planning enquiries and consequently substantially undervalued the property. L conceded shortly before trial that the valuation should have been on an open market not depreciated replacement cost basis. M argued that if they had been properly advised they would have retained the ground and sold it at a higher price later. "Held": claim allowed. L was in breach of its duty to M by failing to address the planning prospects for the grounds at the valuation date. M was entitled to damages representing the difference between the true valuation and the actual valuation together with interest. View judgment at www.bailii.org.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS67861 (Browse shelf(Opens below)) 1 Available 126383-1001

[2004] EWHC 938 (Comm), 6 May 2004. Claimants (M) brought a damages action against defendant (L) for breach of contract and negligence in respect of L's valuation of the club's ground in 1996, a valuation obtained prior to the transfer of the club's assets and liabilities to L plc who subsequently sold the ground with outline planning permission for considerably more than the original valuation. M claimed that L's 1996 valuation had been negligent because L had failed to carry out proper planning enquiries and consequently substantially undervalued the property. L conceded shortly before trial that the valuation should have been on an open market not depreciated replacement cost basis. M argued that if they had been properly advised they would have retained the ground and sold it at a higher price later. "Held": claim allowed. L was in breach of its duty to M by failing to address the planning prospects for the grounds at the valuation date. M was entitled to damages representing the difference between the true valuation and the actual valuation together with interest. View judgment at www.bailii.org.