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In a tightly drawn 15 paragraph judgment, delivered last week, Lord Sumption
overturned the decision of Moore Bick LJ in the Court of Appeal, and restored the
first instance decision of Timothy Fancourt QC, sitting as a Deputy High
Court judge. The judgment gives valuable guidance on the correct application of the
“but for” test in professional negligence claims by lenders against valuers where
there has been re-financing of the original lending transaction. It has decided a point
of principle concerning the quantum of damages.
December 2017 – Professional Liability Update – The ‘but for’ test
Latest News & Events
The Dekagram: 19th January 2026
In this week’s Dekagram Dominique Smith examines a recent decision of the Court of Appeal considering and endorsing 90:10 split liability offers (contrary to the received wisdom following the decision of the High Court in Mundy v TUI [2023] EWHC 385 (Ch); and Robbie Parkin…
Kerry Nicholson writes about Paul v Royal Wolverhampton NHS Trust and the implications for secondary victims in cross border cases for the Journal of Personal Injury Law
Kerry analyses Paul v Royal Wolverhampton NHS Trust and the Supreme Court’s attempt to impose coherence on decades of caselaw from McLoughlin, Alcock and Frost through Walters, Shorter and Ronayne. She then asks the hard question for modern travel law practitioners: what, if anything, can claimants do…
Thomas Jones appointed to the Welsh Government’s Panel of Counsel
The Counsel General for Wales and Minister for Delivery has appointed Thomas Jones to the Welsh Government’s B Panel of Counsel. Panel Counsel are appointed to provide specialist advocacy and advisory work for the Welsh Government. Tom’s appointment runs for a period of five years…
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