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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.

[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.