Gowland White (Surveyors & Estate Agents) Ltd is facing a renewed bid for damages for professional negligence in respect of a mortgage valuation of petrol-filling premises in Stockton-on-Tees dating from July 1996.
Gowland had expressed the opinion that the open market value of the property was the same as the asking price of £162,500.
However, the purchasers of the property claimed that the valuation negligently failed to express the caveat that, given the nature of the vendor’s business, a further independent survey should have been undertaken to check for ground contamination. The purchasers also contended that they had not been alerted to the fact that they would, or might, have to carry out remedial works costing as much as £30,000.
Leeds County Court dismissed the purchasers’ claim for damages, and the purchasers subsequently appealed.
In the Court of Appeal, Philip Butler, counsel for the purchasers, argued yesterday that the recorder had been wrong to disallow as evidence a draft report by RPS Technology Ltd. The report, which had been produced after completion, contained a recommendation that expensive remedial work should be taken into account.
The hearing continues.
Sunley and another v Gowland & White (Surveyors & Estate Agents) Ltd Court of Appeal (Clarke & Longmore LJJ) 10 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
