Cases - Phimister v DM Hall LLP

Record details

Name

Phimister v DM Hall LLP

Date

[2012]

Citation

ScotCS_ 169

Keywords

Negligence in valuations and surveys

Summary

The claimant property developer claimed damages against the defendant surveyors for alleged professional negligence in respect of a mortgage valuation of a residential property carried out at C’s request. The principal complaint was that D was negligent in failing to check the area of the site, which the report recorded as 1.12 acres whereas it was only some 0.66 acres, with the result that the scope for development was restricted. The terms of the appointment required only a desktop residential mortgage valuation, there was no requirement on D to visit the site. Moreover, D had been instructed to carry out the report on the basis the property was being purchased for residential purposes, and C had paid the market price for the property and could sell it without a loss. The claim failed on liability, causation and loss.