Cases - McIntyre v Herring Son & Daw
Record details
- Name
- McIntyre v Herring Son & Daw
- Date
- [1988]
- Citation
- 1 EGLR 231
- Legislation
- Keywords
- Negligence in valuations and surveys - Leasehold Reform Act 1967
- Summary
-
The claimant, a private individual, asked the defendants' specialist rating department to assist him in seeking a reduction in the rateable value of his leasehold house. The defendants were successful in achieving a substantial reduction, but did not point out to the client that, if a fairly small further reduction could be achieved (something which would require legal proceedings and which might well not succeed) the property would then fall within the Leasehold Reform Act 1967 and the client would be entitled to purchase the freehold at a discounted price. It was held that the defendants were negligent in not giving the client this information, even though their instructions had nothing to do with leasehold enfranchisement.
This controversial decision, which is in stark contrast to Sutcliffe v Sayer and Predeth v Castle Phillips Finance Co Ltd, appears to have been heavily influenced by the fact that the defendants were specialists in the field and the client was a private individual.