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Arab Bank plc v John D Wood Commercial Ltd

Series: Weekly Law Reports ; [2000] 1 WLR 857-881(24)Publication details: 2000Subject(s): Summary: CA 11 November 1999. In 1989 a borrower sought a loan from plaintiff bank A for the acquisition of an industrial estate. A obtained two separate valuations from chartered surveyors J and W in amounts of £22m and £19m and offered the borrower a loan facility of £17.1m. Borrower was required to take out mortgage indemnity guarantee on top of the 20% amount of loan. Borrower defaulted on loan. A sought damages for negligent valuation advice from J and W. J found to be liable and having refused to allow any deduction to be made in respect of the sum recovered under the mortgage indemnity guarantee ordered J to pay damages of £6m. Claim against W dismissed. A appealed. On appeal held that case should be remitted to judge for determination of damages payable by W and for reconsideration of amount of damages payable by J. The insurance money recovered by A should be ignored in assessing the amount of the damages to which it was entitled.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS62368 (Browse shelf(Opens below)) 1 Available 106005-1001

CA 11 November 1999. In 1989 a borrower sought a loan from plaintiff bank A for the acquisition of an industrial estate. A obtained two separate valuations from chartered surveyors J and W in amounts of £22m and £19m and offered the borrower a loan facility of £17.1m. Borrower was required to take out mortgage indemnity guarantee on top of the 20% amount of loan. Borrower defaulted on loan. A sought damages for negligent valuation advice from J and W. J found to be liable and having refused to allow any deduction to be made in respect of the sum recovered under the mortgage indemnity guarantee ordered J to pay damages of £6m. Claim against W dismissed. A appealed. On appeal held that case should be remitted to judge for determination of damages payable by W and for reconsideration of amount of damages payable by J. The insurance money recovered by A should be ignored in assessing the amount of the damages to which it was entitled.