000 01700cam a2200241 4500
001 WB3709-21
008 000000n2001 000 0 eng u
035 _a(Sirsi) u111218
245 _aSurveyor negligence
260 _c2001
490 _aEstates Gazette Case Summaries
_v[2001] EGCS 21(1) (24/02/01)
520 _a"Etam plc v Baker Almond (a firm)" ChD 29 January 2001. Etam (E) instructed Baker Almond (BA) to contact the owners of an old department store (K) with a view to purchase. BA made four offers on E's behalf, none of which were accepted. When K agreed to sell the premises to E through BA the surveyor wrote a 'letter of comfort' to E which stated, inter alia, that the price of £2.705m was justifiable as the store had an annual rental value of £125,000. A subsequent retrospective valuation, commissioned from DTZ by E, valued the store at £1.5m at the time of purchase in 1985. In 1999 E began proceedings, claiming that the advice in the letter had been given negligently. BA contended that this was not the case and that the claim was statute-barred. The claim was dismissed on the grounds that the valuation was not one that a reasonably competent surveyor could not have reached in the circumstances and that the limitation could not be disregarded as E should have sought expect advice when the alternative valuation was received in 1987.
590 _aWB
650 _aCOMFORT LETTERS
650 _aETAM PLC V BAKER ALMOND (A FIRM)
650 _aLIMITATION
650 _aLIMITATION ACT 1980 S14A(10)
650 _aNEGLIGENCE
650 _aRETAIL PROPERTY
650 _aValuation
_96273
690 _aPROFESSIONAL PRACTICE-NEGLIGENCE-CASE LAW
942 _n0
999 _c66263
_d66263