Property owners David and Patricia Sunley have succeeded in their attempt to reopen a claim for damages for professional negligence against Gowland & White (Surveyors & Estate Agents) Ltd.
In July 1996, the Sunleys purchased a petrol-filling premises in Stockton-on-Tees, allegedly relying on a mortgage valuation report written by the surveyor, which valued the property at £162,500. A later survey to check for ground contamination revealed that remedial works were possibly required, at a cost of around £30,000.
The claimants originally brought proceedings against Gowland in Leeds County Court, claiming that the surveyor had been negligent in failing to recommend the further survey. The recorder held that the claimants could not rely upon the second report as evidence by which to prove their claim. The Sunleys appealed.
The Court of Appeal has now ruled that the report was admissible and that the case must be reheard.
Clarke LJ held that each party had been content to treat the report as part of the evidence and to cross-examine expert witnesses on it. In those circumstances, he said, the report should not have been withheld as evidence, and there was no reason why the judge could not have assessed its reliability.
Sunley and another v Gowland & White (Surveyors & Estate Agents) Ltd Court of Appeal (Clarke & Longmore LJJ) 11 February 2003.
Philip Butler (instructed by Merritt & Co, of Yarm) appeared for the appellants; Ivor Collett (instructed by PI Brokerlink) appeared for the respondent.
References: PLS News 11/02/03
