Source: All England Reporter
Publisher Citation: [2017] All ER (D) 202 (Nov)
Neutral Citation: [2017] UKSC 77
Court: Supreme Court

Lady Hale P, Lord Kerr, Lord Sumption, Lord Lloyd-Jones and Lord Briggs

Representation Joanna Smith QC, Edwin Peel and Niranjan Venkatesan (instructed by Rosling King LLP) for Tiuta.
  Alexander Hickey QC and Robert Scrivener (instructed by Reed Smith LLP) for the valuer.
Judgment Dates: 29 November 2017


Damages - Measure of damages - Negligence

The Case

Damages Measure of damages. The respondent lender's loss was limited to the new money advanced under a second facility agreement, not that part of the loss which had arisen from the advance made under the second facility and applied in discharge of the indebtedness under the first. The Supreme Court, in allowing the appellant valuer's appeal, held that the basic comparison assumed that, but for the negligent valuation for the second facility, the respondent would still have had the money which it had been induced to lend, but it would not have had it because it had already lent it under the first facility.

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