Legal Notebook: December 2013

By Lindsay Joyce and James Morse

In honour of the current Ashes cricket series (and given that, at the time of writing, there has just been a resounding victory by Australia in the First Test), DLA Piper has elected to focus this edition of Legal Notebook on a decision from the High Court of England and Wales, Queen’s Bench Division (Technology and Construction Court).

Although this case is not from an Australian jurisdiction (which means that care must be taken when reviewing and considering its content), the judgment still provides a good summary of the general principles that fall to be considered when assessing both primary liability of valuers and contributory negligence of lenders.

In about 2006 and 2007, GMAC RFC was the largest centralised mortgage lender in the UK. E.Surv was and remains the largest residential valuer (that is, surveyor) in the UK. GMACwould regularly engage E.Surv to carry out mortgage valuations on residential properties…

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