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Cavendish Funding Ltd v Henry Spencer & Sons Ltd

Language: English Series: Estates Gazette ; [1998] 06 EG 146-151(6)Publication details: 1998Subject(s): Summary: CA 24 October 1997. Plaintiff bank, C, made a loan to X for 6 months secured by a first mortgage on their house. C had been provided with a valuation by H of £1.525m. They also received a second valuation from another firm of £1m. Following defalt by X, C obtained a further valuation of £150,000 taking into account the state of repair of the house. H accepted liability accepting appropriate valuation would have been £250,000. Judge awarded damages of £1,049,853. H appealed. Appeal allowed in part.

CA 24 October 1997. Plaintiff bank, C, made a loan to X for 6 months secured by a first mortgage on their house. C had been provided with a valuation by H of £1.525m. They also received a second valuation from another firm of £1m. Following defalt by X, C obtained a further valuation of £150,000 taking into account the state of repair of the house. H accepted liability accepting appropriate valuation would have been £250,000. Judge awarded damages of £1,049,853. H appealed. Appeal allowed in part.