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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
Adam Dawson awarded MBE in King’s Birthday Honours List 2025
Chambers congratulates Adam Dawson upon being awarded an MBE for services to charity and service to the Jewish Community. For over 30 years Adam has been involved in the heart of the Jewish community, leading several charities and organisations. After a year as Chair of…
The Dekagram: 9th June 2025
This week Russell Wilcox and Thomas Clarke examine whether in applications to set aside default judgment there exists such a thing as a ‘co-defendant principle’; essential reading for all practitioners. Co-defendants and Applications to Set Aside: the More the Merrier? In the recent case of…
URS v BDW – The winner takes it all…
Introduction On Wednesday 21st of May, the Supreme Court handed down judgment in the long-awaited case of URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21. The judgment was awaited by almost all with an interest in construction law and related professional negligence. BDW…
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