Prudential Assurance Company Ltd v. McBains Cooper [2000] EWHC Technology 85 (27th June, 2000)

Prudential Assurance Company Ltd v. McBains Cooper [2000] EWHC Technology 85 (27th June, 2000)

The defendant was negligent in failing to identify that the hip tiles should have been spot bedded in mortar and failing to recommend further investigation; this breach caused the claimant to purchase the property at an inflated price, resulting in a diminution in value of £250,000, which is recoverable as damages.

Citation
[2000] EWHC Technology 85
Parties
Claimant: Prudential Assurance Company Limited; Defendant: McBains Cooper
Jurisdiction
England and Wales
Procedural Posture
Breach of Contract/negligence / Final Judgment
Outcome
judgment for claimant
Legal Topics
Duty of Care, Surveyors' Liability, Measure of Damages, Mitigation of Damages
Contract Law Professional Negligence Property Law Duty of Care Surveyors' Liability Measure of Damages Mitigation of Damages

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Parties

Prudential Assurance Company Limited

Claimant

McBains Cooper

Defendant

Procedural Posture

Breach of Contract/negligence / Final Judgment

Legal Issues

  1. 1 Was the defendant negligent in carrying out the structural survey?
  2. 2 Did the defendant breach its contractual duty of care?
  3. 3 What is the proper measure of damages for negligent survey advice?

Ratio Decidendi

The defendant was negligent in failing to identify that the hip tiles should have been spot bedded in mortar and failing to recommend further investigation; this breach caused the claimant to purchase the property at an inflated price, resulting in a diminution in value of £250,000, which is recoverable as damages.

Court Disposition

judgment for claimant

Orders

  • Defendant to pay claimant £250,000 in damages