Civil Service Building Society v MacDougall
Language: English Series: Scots Law Times ; (1988) SLT 687(4)Publication details: 1988Subject(s): Summary: Second division 30 November 1987. Action for damages raised by building society (C) against chartered surveyor (M), alleging negligence in the valuation of three properties on the security of which C advanced funds. C was unable to recover its advances when the borrowers defaulted and sought to recover its losses from M, alleging that M had placed excessive values on the properties. M denied negligence, submitting that in each case the property had been competently valued, taking into account prices obtained for similar properties and comparisons with rateable values. Following a procedure roll debate C enrolled for commission and diligence for the recovery of documents from M, as the documents contained details of the prices and rateable values. M opposed the motion as being premature as proof had not yet been allowed in the action, claiming that such a diligence was a fishing diligence. The Lord Ordinary agreed with M and refused the motion. C reclaimed, submitting that the court w| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS39890 (Browse shelf(Opens below)) | 1 | Available | 19840-1001 |
Second division 30 November 1987. Action for damages raised by building society (C) against chartered surveyor (M), alleging negligence in the valuation of three properties on the security of which C advanced funds. C was unable to recover its advances when the borrowers defaulted and sought to recover its losses from M, alleging that M had placed excessive values on the properties. M denied negligence, submitting that in each case the property had been competently valued, taking into account prices obtained for similar properties and comparisons with rateable values. Following a procedure roll debate C enrolled for commission and diligence for the recovery of documents from M, as the documents contained details of the prices and rateable values. M opposed the motion as being premature as proof had not yet been allowed in the action, claiming that such a diligence was a fishing diligence. The Lord Ordinary agreed with M and refused the motion. C reclaimed, submitting that the court w