Bratt v Jones [2025] EWCA Civ 562 (02 May 2025)

Bratt v Jones [2025] EWCA Civ 562 (02 May 2025)

A valuer is not liable for professional negligence unless the claimant proves both that the valuation was outside the permissible margin ('bracket') and that the valuer breached the Bolam duty by failing to exercise proper skill and care. The determination of the bracket is a question of fact based on expert evidence. The burden of proof does not shift to the valuer even if the valuation is outside the bracket.

Citation
[2025] EWCA Civ 562
Parties
Claimant/appellant: Rowland Phillip Bratt; Defendant/respondent: Nigel Lawson Jones
Jurisdiction
England and Wales
Judgment Date
02 May 2025
Procedural Posture
Appeal (professional Negligence) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Valuer's Liability, Margin of Error in Valuation, Bolam Test, Burden of Proof, Damages Calculation
Professional Negligence Contract Law Valuer's Liability Margin of Error in Valuation Bolam Test Burden of Proof Damages Calculation

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Parties

Rowland Phillip Bratt

Claimant/appellant

Nigel Lawson Jones

Defendant/respondent

Procedural Posture

Appeal (professional Negligence) / Court of Appeal Judgment

Legal Issues

  1. 1 Is a valuer liable for professional negligence if their valuation falls outside the permissible margin ('bracket')?
  2. 2 Does the burden of proof shift to the valuer if the valuation is outside the bracket?
  3. 3 Is the determination of the bracket a question of law or fact?

Ratio Decidendi

A valuer is not liable for professional negligence unless the claimant proves both that the valuation was outside the permissible margin ('bracket') and that the valuer breached the Bolam duty by failing to exercise proper skill and care. The determination of the bracket is a question of fact based on expert evidence. The burden of proof does not shift to the valuer even if the valuation is outside the bracket.

Court Disposition

Appeal dismissed

Orders

  • No damages awarded
  • Claim for professional negligence dismissed