Rat and Mouse
Thu
23
Jun
Scullion vs Colleys - case closed

Some of you (one of you?) might remember the interesting Scullion vs Colleys case in the Court of Appeal, in which a buy-to-let investor was attempting to sue a surveyor for over-representing the potential rental income of a property. There were concerns that a ruling in the landlord's failure might open the floodgates to similar claims by disappointed buy-to-let amateurs. There's now a judgement:

The decision is good news for surveyors. The Court of Appeal has made a strong statement that it was wrong in principle to extend the duty of the lender’s valuation surveyor to purchasers in commercial cases. Domestic owner-occupier cases are seen as a justified by consumer protection principles, with buy-to-let investors less deserving of protection and more likely to obtain and to be able to afford their own valuation. Following this decision it is difficult to envisage a commercial case in which the court might be willing to find an implied duty owed by a valuer.

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