Latest by Alexandra Anderson
Hart v Large: Important guidance for surveyors when advising prospective purchasers
The judgment in Hart v Large provides important guidance on the scope of a surveyor's duty when advising prospective purchasers. It also highlights that the courts may be willing to depart from the usual measures of loss, in order to achieve what they consider to be a fair outcome.
Read moreThe curse of COVID strikes again – implementation of the Home Survey Standard delayed
As a result of the lockdown imposed in response to the COVID-19 pandemic, the new RICS Home Survey Standard, which was due to be implemented next month has now been delayed until December 2020. Whilst this will allow practitioners more time to become familiar with the new standard, it causes an unwelcome disruption to the introduction of a measure that should provide greater clarity for both surveyors and consumers of what is expected when commissioning and conducting a home survey.
Read moreTop 10 for the 10s Claims against surveyors and valuers
The 2010s started with an influx of valuation claims, primarily involving lenders seeking to recoup losses suffered as a result of the financial crisis, loans being made to sub-prime borrowers and the declining property market.
Read moreRICS Guidance and Key Developments for Surveyors: #2 Coronavirus, valuations and "material uncertainty"
The recent lockdown has posed a serious challenge to the UK housing market, with the present and future potential impact of COVID-19 on the market inviting comparisons to the post-2008 recession.
Read moreRICS Guidance and Key Developments for Surveyors: #1 Changes to the RICS Minimum Terms
In this series of articles, we will be addressing a number of the key risks and challenges that face surveyors and valuers in the current climate.
Read moreCOVID-19: Trials - the show must go on
Judges are taking to heart the HMCTS's guidance focused on encouraging judges to maximise the use of video and telephone hearings using current technology. So, while the theatres in the UK remain closed, the theatres of justice continue with their activities.
Read moreCOVID-19: Trials - the show must go on
Judges are taking to heart the HMCTS's guidance focused on encouraging judges to maximise the use of video and telephone hearings using current technology. So, while the theatres in the UK remain closed, the theatres of justice continue with their activities.
Read moreA valuer does not owe a duty of care to the directors of a borrower
The High Court has held that a valuer who prepares a valuation for a lender does not owe a duty of care to the directors of the borrower who claim they have suffered loss as a result of relying on that valuation.
Read moreBetween a rock and a hard place
Difficulties for lenders arising out of limitation
Read moreCFAs continue for insolvent companies
In April 2013, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force, making the success fee applied to a Conditional Fee Arrangement (CFA), and the After the Event (ATE) insurance premiums, irrecoverable by a successful party to litigation proceedings.
Read morePart 36 – Make your offers early
A recent judgment has highlighted the importance of early timing in the making of Part 36 offers.
Read more"Time's up" – limitation for a claim against a valuer
In a decision handed down last week, the court has provided further guidance on the limitation position for claims against surveyors.
Read moreRICS UK Valuation Commission Report
Today sees the launch of the RICS UK Valuation Commission Report.
Read moreNow do as you are told!
In the case of Thavatheva Thevarajah -v- John Riordan and Others, the Court of Appeal has once again made clear that, if you fail to follow directions for a claim, you will be penalised.
Read moreMediate or be damned
In a landmark decision released yesterday, the Court of Appeal has upheld the decision to deprive a Defendant of part of its costs, for failing to respond to repeated requests to mediate, even though it made a Part 36 offer which the Claimant failed to accept until just before trial.
Read moreSize does matter – risk of potential claims against estate agents
A recent Financial Times article has highlighted a potential risk area for estate agents.
Read moreEngineer held liable for losses caused by the fall in property values
An engineer may be liable to his client for losses caused by a fall in property values. So held the Court of Appeal in the case of John Grimes Partnership Ltd v Gubbins.
Read moreThe dangers of being helpful with evidence…
Developers' fraud proceedings against Chartered Surveyors struck out as "unjust harassment"
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