||All England Reporter
|| All ER (D) 302 (Mar)
||Technology and Construction Court
Judge Richard Havery QC
||The second claimant appeared in person.
||Neil Moody (instructed by Kennedys) for the defendant.
||11 March 2002
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.
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.
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