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UCB Bank plc v Dundas & Wilson C S

Language: English Series: Scots Law Times ; (1989) SLT 243-246(4)Publication details: 1989Subject(s): Summary: Outer House 19 July 1988 An action of damages brought by UCB (U) against firm of solicitors (D) based on allegations of professional negligence . The case concerned a sum of money lent on the security of property later found to be suffering from subsidence which affected the value. U blamed D who in their defence blamed the surveyors (S) who provided valuation s before the loans were made. S were convened as third parties. The valuations had been exhibited to U and D averred that S knew or should have known that U would rely on their valuations. Therefore, the loss was due to S`s negligence. S challenged the relevancy of these averments. Held that D had averred sufficient facts from which it could be decided that S may have assumed a duty of care towards U; and proof before answer allowed.

Outer House 19 July 1988 An action of damages brought by UCB (U) against firm of solicitors (D) based on allegations of professional negligence . The case concerned a sum of money lent on the security of property later found to be suffering from subsidence which affected the value. U blamed D who in their defence blamed the surveyors (S) who provided valuation s before the loans were made. S were convened as third parties. The valuations had been exhibited to U and D averred that S knew or should have known that U would rely on their valuations. Therefore, the loss was due to S`s negligence. S challenged the relevancy of these averments. Held that D had averred sufficient facts from which it could be decided that S may have assumed a duty of care towards U; and proof before answer allowed.