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
In the Northamptonshire case, the Court of Appeal allowed the Chief Constable’s appeal, holding that the police had not owed a duty of care to warn the claimant that they had received a report that her former partner, who had threatened her with violence, was…
Join us at The View in the Royal College of Surgeons on Thursday, 6th March for our half day conference focusing on Vulnerable Parties. This conference will provide a legal update on the current position of vulnerable parties/witnesses and participation directions in civil and family…
As we hit the ground running in 2025, the team looks back at some of the key developments of the Building Safety Act (“BSA”) in 2024 and opine on where we may be headed in the future. Building Liability Orders Wilmott Dixon Construction Ltd v…
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