Goldsmith Williams Solicitors v E.Surv Ltd

Goldsmith Williams Solicitors v E.Surv Ltd

Solicitors owed a Bowerman-type duty to report material facts affecting valuation, but respondent failed to prove that breach of duty caused lender's loss, as lender already possessed similar information and no evidence showed lender would have acted differently if solicitors had reported purchase price and date.

Parties
Appellant/defendant: Goldsmith Williams Solicitors; Respondent/claimant: E. Surv Limited
Jurisdiction
England and Wales
Judgment Date
11 November 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Solicitors' Duty of Care, Contribution Claims, Duty to Disclose Material Facts, Causation in Negligence
Professional Negligence Conveyancing Mortgage Law Solicitors' Duty of Care Contribution Claims Duty to Disclose Material Facts Causation in Negligence

Case Brief

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Parties

Goldsmith Williams Solicitors

Appellant/defendant

E. Surv Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether solicitors acting for both lender and borrower owe a duty to disclose material facts affecting valuation
  2. 2 Whether breach of duty caused lender's loss

Ratio Decidendi

Solicitors owed a Bowerman-type duty to report material facts affecting valuation, but respondent failed to prove that breach of duty caused lender's loss, as lender already possessed similar information and no evidence showed lender would have acted differently if solicitors had reported purchase price and date.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • No liability for contribution against Goldsmith Williams Solicitors