Cases - Zubaida v Hargreaves

Record details

Name

Zubaida v Hargreaves

Date

[1995]

Citation

1 EGLR 127, CA

Legislation

Arbitration Act 1996

Keywords

Negligence in valuations and surveys

Summary

The defendant chartered surveyor was appointed by RICS' President to act as an independent expert in a rent review of restaurant premises. The claimant tenant subsequently brought an action against the defendant, alleging negligence in the way in which he had determined the rent. The Court of Appeal held that the defendant had not been guilty of negligence and was therefore not liable.

However, one of the judges made it clear that independent experts owe a duty to both parties to make their valuation and resulting decision with reasonable care and skill. If they fail to do so, they will be liable to whichever of the parties consequently has to pay more or receive less than they should have done.