Form over substance? The ‘But For’ Test after Tiuta – Hardwicke Chambers

Posted November 9th, 2016 in appeals, negligence, news, valuation by sally

‘The case throws up an interesting issue as to both the application and scope of the ‘but for’ test in professional negligence claims by lenders against valuers where there has been re-financing of the original lending transaction. The fact that the Court of Appeal was split in its decision, and the fact that an application for permission to appeal is currently outstanding to the Supreme Court, demonstrate the complexities of the legal position.’

Full story

Hardwicke Chambers, 4th November 2016