Cases - Smith & Anor v Peter North & Partners

Record details

Name

Smith & Anor v Peter North & Partners

Date

[2001]

Citation

EWCA Civ 1553

Keywords

Negligence in valuations and surveys

Summary

The claimant, an international show jumper, purchased an equestrian property for £330,000, following a survey by the defendants which reported that it was in good condition. Having moved in, the claimant alleged that the defendants had negligently overlooked significant timber defects and sued for the £130,000 which it would cost to repair these. The judge found, on the basis of joint expert evidence, that the value of the property in its defective condition at the time of purchase had been £340,000. He therefore struck out the claim. The Court of Appeal held that the judge's action was correct - to award the cost of repairs would mean that the claimants would have obtained a property worth £330,000 or £340,000 for a mere £200,000.