Source: All England Reporter
Publisher Citation: [2002] All ER (D) 302 (Mar)
Court: Technology and Construction Court
Judge:

Judge Richard Havery QC

Representation The second claimant appeared in person.
  Neil Moody (instructed by Kennedys) for the defendant.
Judgment Dates: 11 March 2002

Catchwords

Damages - Measure of damages - Negligence - Surveyor - Surveyor failing to identify substantial defects to property - Whether claimants entitled to recover current cost of repairing defects - Whether diminution in value appropriate measure of damages - Whether claimants entitled to recover cost of arranging temporary accommodation.

The Case

On the evidence, the defendant had been negligent in preparing a survey that the claimants relied on when purchasing a property that subsequently turned out to be defective. Accordingly, judgment would be entered for the claimant for a sum that included the diminution in value of the property, notwithstanding that it exceeded the cost of carrying out repairs, and the cost of alternative accommodation.

Practice Areas

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