Top showjumper Robert Smith has failed in a renewed legal bid for £130,000 compensation from a surveying firm that he alleges gave a negligent report on repairs to equestrian premises he and his wife own in Warwickshire.
Robert and Leanne Smith purchased Brookfurlong Farm, High Cross, Shrewley, Rowington, Warwickshire, for £330,000 in 1997, but claimed that a report prepared in respect of it by Oxfordshire-based surveyor, Peter North & Partners, turned out to be negligent.
The couple complained that the surveyor’s report failed to highlight the poor condition of the main timber framework of the Grade II listed building, which forms part of the commercial equestrian premises, with living accommodation, at Brookfurlong Farm.
In May Judge Richard Seymour ruled that the Smiths had no prospect of success on their claim for costs of remedial work and repair. He held that the only measure of damages that the Smiths could claim was any diminution in value of the property, but as a valuation expert had found that the Smiths had suffered no “diminution” losses, he dismissed the action.
The Smiths appealed against this decision, but the Court of Appeal has now dismissed their challenge. Jonathan Parker LJ said that it was a straightforward case to which rules established by earlier authorities applied. The Smiths were given 28 days in which to pay the costs of the appeal, assessed at £9,000.
Smith and another v Peter North & Partners Court of Appeal (Judge and Jonathan Parker LJJ and Bodey J) 8 October 2001.
Jacques Algazy (instructed by Biebuyck, of Chelmsford) appeared for the appellants; Simon Henderson (instructed by Beale & Co) appeared for the respondent.
PLS News 10/10/01
