Looking down to the ground floor.  People entering the building.

Winning the battle but losing the war

Published on 22 July 2016

We have previously commented on the need for claimants to establish all elements of a claim (duty, breach, causation and loss) if they want to achieve more than a Pyrrhic victory. The case of Mortgage Express v Countrywide Surveyors Limited provides another example of this, but with a slightly different twist.

Mortgage Express sued Countrywide for losses it said it had suffered as a result of advancing monies to borrowers purchasing properties in a development in Eastbourne, in alleged reliance on valuations provided by Countrywide. Mortgage Express brought its claim in deceit only; it claimed that Mr Driver, the valuer who gave the valuations, had no honest belief that his rental valuations were correct. Mortgage Express did not criticise Mr Driver’s capital valuations.

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