The defendant chartered surveyor was appointed by RICS' President to act as an independent expert in a rent review of retail premises in a shopping centre. The claimant tenant subsequently sued the defendant for negligence for the way in which he had carried out the task of valuation. In dealing with this action, the judge acknowledged that an independent expert owes a duty of care to both parties and, moreover, that there is no material difference in standard between that duty and the duty of care which is owed by every valuer to his or her client. Nevertheless, on the facts of the case, it was held that the defendant had not breached his duty of care and was therefore not liable to the tenant.
