Platform Funding Ltd v Bank of Scotland Plc (Formerly Halifax Plc)

Platform Funding Ltd v Bank of Scotland Plc (Formerly Halifax Plc)

By accepting instructions to inspect and value 1 Bakers Yard, Colleys undertook an unqualified obligation to inspect that property. Their failure to do so constituted a breach of contract, regardless of negligence. The certificate provided was a contractual warranty that the property had been inspected. Colleys are liable for breach of contract.

Parties
Claimant/respondent: Platform Funding Limited; Defendant/appellant: Bank of Scotland PLC (formerly Halifax PLC, trading as Colleys)
Jurisdiction
England and Wales
Judgment Date
31 July 2008
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court
Outcome
Appeal dismissed (majority); Colleys liable for breach of contract.
Legal Topics
Surveyors' Obligations, Professional Services Liability, Breach of Contract, Standard of Care, Valuation for Mortgage Purposes
Contract Law Professional Negligence Surveyors' Obligations Professional Services Liability Breach of Contract Standard of Care Valuation for Mortgage Purposes

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Parties

Platform Funding Limited

Claimant/respondent

Bank of Scotland PLC (formerly Halifax PLC, trading as Colleys)

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether a surveyor's obligation to inspect the correct property is absolute or limited to reasonable skill and care
  2. 2 Whether the certificate provided by the surveyor constituted a contractual warranty of inspection
  3. 3 Whether breach of contract occurred absent negligence

Ratio Decidendi

By accepting instructions to inspect and value 1 Bakers Yard, Colleys undertook an unqualified obligation to inspect that property. Their failure to do so constituted a breach of contract, regardless of negligence. The certificate provided was a contractual warranty that the property had been inspected. Colleys are liable for breach of contract.

Court Disposition

Appeal dismissed (majority); Colleys liable for breach of contract.

Orders

  • Judgment for Platform Funding Limited; damages to be assessed.