Skykomish Ltd v Gerald Eve LLP

Skykomish Ltd v Gerald Eve LLP

The defendant's valuation was within the reasonable margin of error and not negligent; warnings about ground rent and saleability should have been given but would not have changed the claimant's decision. Novation transferred obligations to a new borrower, extinguishing any cause of action. Limitation and exclusion clauses are valid and enforceable. No recoverable loss was caused by any breach.

Parties
Claimant: Skykomish Ltd; Defendant: Gerald Eve LLP
Jurisdiction
England and Wales
Judgment Date
22 September 2025
Procedural Posture
Civil / Final Judgment
Outcome
Claim dismissed
Legal Topics
Valuation Negligence, Duty to Warn, Limitation of Liability, Novation, Causation, Exclusion Clauses
Contract Tort Professional Negligence Valuation Negligence Duty to Warn Limitation of Liability Novation Causation +1 more

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Parties

Skykomish Ltd

Claimant

Gerald Eve LLP

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Was the defendant negligent in preparing the valuation?
  2. 2 Did the defendant breach its duty to warn regarding ground rent and saleability?
  3. 3 Did the defendant breach absolute obligations under the engagement letter?

Ratio Decidendi

The defendant's valuation was within the reasonable margin of error and not negligent; warnings about ground rent and saleability should have been given but would not have changed the claimant's decision. Novation transferred obligations to a new borrower, extinguishing any cause of action. Limitation and exclusion clauses are valid and enforceable. No recoverable loss was caused by any breach.

Court Disposition

Claim dismissed