000 01832cam a2200313 4500
001 ABS68462
008 041122n2004 000 0 eng u
035 _a(Sirsi) u128069
100 _aMurdoch, J.
245 4 _aThe seeds of dissent
260 _c2004
490 _aEstates Gazette
_v(0446) 13 November 2004, 149(1)
520 _aDiscusses the extent of lenders' obligations to achieve a proper price for repossessed property in the light of a recent case "Michael v Miller" ([2004] EWCA Civ 282, [2004] PLSCS 70). In this repossession case the judge had used the margin of error principle in determining the market value of the property for sale. Whilst the appellants counsel deemed this principle to be useful in valuer negligence claims, in this case it was considered inappropriate because the key point was whether the lenders through their agent had taken all reasonable steps to get the best sale price reasonably attainable, which the appellants claimed they had not. CA did not accept this argument and concurred that the margin of error principle was as appropriate to claims against mortgagees as against valuers and useful to a court in answering questions about a lender's judgement on reasonable price. View judgment at www.bailii.org.
590 _aABS
590 _aABS
650 _aREASONABLE PRICE
650 _aVALUERS
650 _aNEGLIGENCE
650 _aMORTGAGEES
650 _aLENDERS
650 _aBORROWERS
650 _aMICHAEL V MILLER
650 _aMARGIN OF ERROR
650 _aREPOSSESSION
690 _aPROFESSIONAL PRACTICE
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/282.html
_zView the judgment on the BAILII website...
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/282.html
_zView the judgment on the BAILII website...
942 _n0
999 _c118346
_d118346