Source: All England Reporter
Publisher Citation: [2002] All ER (D) 293 (Jan)
Neutral Citation: [2002] EWCA Civ 32
Court: Court of Appeal, Civil Division

Peter Gibson, Mantell LJJ and Wall J

Representation Philip Brook Smith (instructed by Castle Sanderson) for the claimant.
  Michael Driscoll QC and Christopher Russell (instructed by Hammond Suddards Edge) for the defendant.
Judgment Dates: 31 January 2002


Action - Dismissal - Claimants being directors of company - Claimants instructing surveyor to carry out valuation on behalf of company - Company purchasing land in reliance on valuation and thereafter suffering losses - Claimants bringing personal action against surveyor for negligence - Summary judgment given in favour of defendant on basis that claimants having no personal claim in respect of company's losses - Whether damages recoverable personally by claimants in respect of company's losses.

The Case

A claim for damages for misrepresentation brought by two directors of a group of companies in their personal capacity failed because their losses as shareholders merely reflected the losses suffered by the companies which had their own remedies against the defendant.

Practice Areas

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