000			01527cam a2200289 4500
001			ABS6374
008			000000n2001 000 0 eng u
035			_a(Sirsi) u110795
100			_aHerbert-Smith, M.
245			_aWhat's the damage?
260			_c2001
490			_aSolicitors' Journal _v145(3) 26 January 2001, 60(1)
520			_aConsiders the implications of "Howkins & Harrison v Tyler" (2000), where it was ruled that a claim from a firm of surveyors for a contribution from the defaulting borrowers fell outside the scope of the Civil Liability (Contribution) Act 1978 s1(1) as the 'damage' for which the settlement had been made concerned the surveyors' liability to the mortgage lender rather than the fact that the borrowers had defaulted. Consequently the building society gained a windfall whilst still being entitled able to recover the full outstanding balance from the borrower. Concludes that valuers should be less willing to reach a settlement and that those in a similar position should consider joining the lender in proceedings to make a subrogation claim.
590			_aABS
650			_aCIVIL LIABILITY (CONTRIBUTION) ACT 1978 S1
650			_aCONTRIBUTORY NEGLIGENCE
650			_aDAMAGES
650			_aHOWKINS & HARRISON (A FIRM) V TYLER AND ANOTHER
650			_aNEGLIGENCE
650			_aNEGLIGENT VALUATIONS
650			_aSETTLEMENTS
650			_aValuation _96273
650			_aSURVEYORS
650			_aVALUERS
690			_aPROFESSIONAL PRACTICE-NEGLIGENCE
942			_n0
999			_c66047 _d66047