Patel & Anor v Hooper & Jackson (A Firm) [1998] EWCA Civ 1734 (10 November 1998)

Patel & Anor v Hooper & Jackson (A Firm) [1998] EWCA Civ 1734 (10 November 1998)

Plaintiffs are entitled to damages for diminution in value (£25,250), plus reasonable costs of alternative accommodation and moving from 30 September 1988 to 30 September 1993, but not for mortgage interest, endowment premiums, or insurance premiums, as these would have been incurred in any event. Recorder's award of general damages for discomfort affirmed.

Citation
[1998] EWCA Civ 1734
Parties
Plaintiff/respondent: Umang Jashbai Patel; Plaintiff/respondent: Susan Patel; Defendant/appellant: Hooper & Jackson (A Firm)
Jurisdiction
England and Wales
Judgment Date
10 November 1998
Procedural Posture
Appeal From High Court (queen's Bench Division, Official Referee's Business) / Court of Appeal Judgment
Outcome
Appeal allowed in part; damages recalculated; general damages affirmed.
Legal Topics
Negligent Survey, Damages, Measure of Damages, Mitigation of Loss
Professional Negligence Tort Law Negligent Survey Damages Measure of Damages Mitigation of Loss

Case Brief

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Parties

Umang Jashbai Patel

Plaintiff/respondent

Susan Patel

Plaintiff/respondent

Hooper & Jackson (A Firm)

Defendant/appellant

Procedural Posture

Appeal From High Court (queen's Bench Division, Official Referee's Business) / Court of Appeal Judgment

Legal Issues

  1. 1 What is the correct measure of damages for negligent overvaluation by surveyors relied upon by purchasers?
  2. 2 Are purchasers entitled to damages beyond diminution in value, including mortgage interest, endowment premiums, and alternative accommodation costs?

Ratio Decidendi

Plaintiffs are entitled to damages for diminution in value (£25,250), plus reasonable costs of alternative accommodation and moving from 30 September 1988 to 30 September 1993, but not for mortgage interest, endowment premiums, or insurance premiums, as these would have been incurred in any event. Recorder's award of general damages for discomfort affirmed.

Court Disposition

Appeal allowed in part; damages recalculated; general damages affirmed.

Orders

  • Recorder's order discharged; damages to be awarded in conventional form.
  • Plaintiffs to recover £25,250 (diminution in value plus stamp duty), costs of alternative accommodation and moving (amount to be agreed or determined), and £2,000 general damages each.