Call to investigate barriers to ABSs moving into other professional services – Legal Futures

‘The Solicitors Regulation Authority (SRA) should investigate whether there are regulatory barriers to law firms that become alternative business structures (ABSs) providing other professional services such as accountancy and surveying, rather than vice versa, a report it commissioned has recommended.’

Full Story

Legal Futures, 10th May 2018

Source: www.legalfutures.co.uk

Are you being served (electronically)? Email service under the CPR and the Party Wall Act 1996 – Practical Law: Construction Blog

Posted March 15th, 2018 in boundaries, civil procedure rules, electronic mail, news, service, surveyors by tracey

‘Two recent cases, one in the Court of Appeal, the other in the Supreme Court, have created significant uncertainty around the acceptability of email service. It seems that there may now be a disparity between the CPR and the Party Wall Act 1996, despite the similarities in the wording of the relevant provisions for the two regimes.’

Full Story

Practical Law: Construction Blog, 14th March 2018

Source: constructionblog.practicallaw.com

Reeves v Young – Tanfield Chambers

Posted February 16th, 2017 in boundaries, costs, enforcement, estoppel, news, surveyors by sally

‘Third surveyors, the impartial arbiters of the party wall world, rarely feature prominently in party wall litigation. However, there have been two recent County Court cases in which the selection and purported removal of third surveyors has been considered by the Court, in both cases HHJ Bailey in the County Court at Central London.’

Full story

Tanfield Chambers, 2nd February 2017

Source: www.tanfieldchambers.co.uk

Perception of doors – Nearly Legal

‘The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace communal doors and front entrance doors carried out during fire safety improvement works on the estate (some 10 block of flats).’

Full story

Nearly Legal, 29th January 2017

Source: www.nearlylegal.co.uk

Court confirms surveyor’s margin of error in negligence cases should not generally exceed 15% – OUT-LAW.com

Posted November 25th, 2016 in negligence, news, surveyors, valuation by tracey

‘A surveyor facing a professional negligence claim will only be able to argue a margin of error greater than 15% in the most exceptional of circumstances, the High Court has confirmed.’

Full story

OUT-LAW.com, 24th November 2016

Source: www.out-law.com

Court of Appeal: lender entitled to recover full refinancing loan in negligent property valuation case – OUT-LAW.com

Posted July 8th, 2016 in appeals, banking, insurance, loans, negligence, news, surveyors, valuation by sally

‘A lender was entitled to recover the full amount of a refinancing loan it granted after relying on a negligent property valuation, and not just the ‘top-up’ funding, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 6th July 2016

Source: www.out-law.com

The Structural Engineer’s Professional Duty to Warn and Goldswain v Beltec Ltd [2015] – Hardwicke Chambers

‘The duty to warn arises as no more than an aspect of the duty to act with the skill and care of an ordinarily competent professional. The existence of the duty recognises that in some circumstances the professional must go beyond what is specified as the desired performance in a contract (e.g. carrying out a design) and account for any risks of which he is aware by virtue of that expertise and warn others who may not be so aware.’

Full story

Hardwicke Chambers, 19th April 2016

Source: www.hardwicke.co.uk

Negligent valuation overturned, but security issuer entitled to sue, says court – OUT-LAW.com

Posted November 9th, 2015 in appeals, damages, mortgages, negligence, news, statistics, surveyors, valuation by sally

‘The Court of Appeal has suggested that a commercial mortgage-backed security (CMBS) issuer would be entitled to sue a surveyor for a potentially negligent valuation, despite overturning the finding of negligence itself.’

Full story

OUT-LAW.com, 6th November 2015

Source: www.out-law.com

Don’t ask the surveyor – NearlyLegal

‘Windermere Marina Village v Wild [2014] UKUT 163 (LC) is an important decision about the vexed question of apportionment that arises in many residential service charge disputes.’

Full story

NearlyLegal, 2nd June 2014

Source: www.nearlylegal.co.uk

Patel and another v Peters and others – WLR Daily

Patel and another v Peters and others [2014] EWCA Civ 335; [2014] WLR (D) 147

‘Where the surveyor of a party involved in a dispute over building works affecting adjoining properties served a request under section 10(7) of the Party Wall etc Act 1996 on the surveyor of the other party that he act effectively in respect of the subject matter referred to in the request within ten days, after which, if he did not so act, the requesting surveyor became entitled to act ex parte in respect of the matter, a continuing state of affairs was created so that the other party’s surveyor might still act effectively after that ten-day period, thereby precluding the requesting surveyor from acting ex parte, provided that the requesting surveyor had not yet proceeded so to act.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

Anneliese Day QC and Michael Ryan successfully defend TCC claim against Engineers for professional negligence – 4 New Square Chambers

Posted July 31st, 2013 in costs, expert witnesses, negligence, news, surveyors by sally

“On 24 June 2013, Mr Justice Akenhead handed down judgment in Igloo Regeneration v Powell Williams Partnership [2013] EWHC 1718 (TCC). Anneliese Day QC and Michael Ryan acted for the successful defendant.”

Full story (PDF)

4 New Square Chambers, 17th July 2013

Source: www.4newsquare.com

Surveyor on £60,000 a year jailed after secret life as graffiti vandal exposed – Daily Telegraph

“A surveyor who had a secret life as a graffiti vandal has been jailed for three and a half years.”

Full story

Daily Telegraph, 18th June 2013

Source: www.telegraph.co.uk

Crawford Adjusters (Cayman) Ltd and others v Sagicor General Insurance (Cayman) Ltd – WLR Daily

Crawford Adjusters (Cayman) Ltd and others v Sagicor General Insurance (Cayman) Ltd [2013] UKPC 17; [2013] WLR (D) 229

“The tort of malicious prosecution extended to civil as well as criminal proceedings.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

Freetown Ltd v Assethold Ltd – WLR Daily

Posted May 28th, 2012 in appeals, law reports, service, surveyors, time limits by sally

Freetown Ltd v Assethold Ltd [2012] EWHC 1351 (QB); [2012] WLR (D) 162

“Service of a surveyor’s award sent by post, pursuant to section 15(1) of the Party Wall etc Act 1996, was effected when the award was consigned to the post.”

WLR Daily, 21st May 2012

Source: www.iclr.co.uk

Keynote speech, RICS Dilapidations Conference 2011 – Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Posted October 3rd, 2011 in civil procedure rules, dilapidations, expert witnesses, speeches, surveyors by sally

Keynote speech, RICS Dilapidations Conference 2011 (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Judiciary of England and Wales, 30th September 2011

Source: www.judiciary.gov.uk

Scullion v Bank of Scotland plc – WLR Daily

Posted March 25th, 2010 in duty of care, law reports, negligence, surveyors by sally

Scullion v Bank of Scotland plc [2010] EWHC 572 (Ch); [2010] WLR (D) 88

“A buy-to-let transaction was not very different from the ordinary residential house purchase when considering the duties and liabilities of valuers to purchasers of property, although each case might turn on its own facts.”

WLR Daily, 24th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) – Times Law Reports

Posted October 6th, 2008 in contracts, law reports, surveyors, valuation by sally

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc)

Court of Appeal

“A mortgage lender who instructed a surveyor to value a property as security, was entitled to damages from the surveyor for the losses suffered after the borrower defaulted on the loan, and it was discovered that the wrong property had been valued in breach of an unqualified obligation to inspect the particular property.”

The Times, 6th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) – WLR Daily

Posted August 4th, 2008 in contracts, law reports, surveyors, valuation by sally

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) [2008] EWCA Civ 930; [2008] WLR (D) 283

“A surveyor, instructed by a mortgage lender to value the property offered by the borrower as security for a loan, who certified that the property had been inspected and a fair valuation given, was liable in damages to the mortgage lender for losses suffered as a result of having valued the wrong property in breach of an unqualified obligation to inspect the specified property.”

WLR Daily, 1st August 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.