000 01666cab a2200253 4500
001 ABS58493
008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u85322
041 _aeng
245 _aPlatform Home Loans Ltd v Oyston Shipways Ltd and others
260 _c1998
350 _a0
490 _aEstates Gazette
_v(9813) 28 March 1998, 148-153(6)
520 _aCA 19 December 1997. The plaintiff mortgage lender gave H a `non-status` loan secured on H`s home which H purchased for £375,000. H defaulted and the plaintiff obtained possession and sold the property for £435,000. In proceedings for negligence against the defendants, involving two unconnected firms, Jacob J gave judgment to the plaintiff in the sum of £585,723 holding that the plaintiff had been contributorily negligent. The plaintiff appealed contending that any contributory negligence in making a non-status loan of 70% of the value of the security did not result in `damage` for the purposes of s1 of the Law Reform (Contributory Negligence) Act 1945. The parties agreed that Jacob J had not calculated the damages and interest, but the defendants cross appealed in relation to the measure of interest to be applied. Held: The plaintiff`s appeal was dismissed and the defendants` cross-appeal allowed.
650 _aCONTRIBUTORY NEGLIGENCE
650 _aDAMAGE
650 _aLAW REFORM (CONTRIBUTORY NEGLIGENCE) ACT 1945
650 _aMORTGAGE LENDERS
650 _aNEGLIGENT VALUATION
650 _aNYKREDIT MORTGAGE BANK PLC V EDWARD ERDMAN GROUP LTD
690 _aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE
942 _n0
948 _c31/03/1998
999 _c53645
_d53645