Up in the air over noise

Article Abstract:

A two-judge Court of Appeal has failed to agree on a ruling in the case of Farley v Skinner. The claimant had been awarded damages of 10,000 pounds sterling against a surveyor who failed to make proper inquiries about the level of aircraft noise above a house the claimant planned to buy. The defendant challenged this award in the Court of Appeal. This case focused on the decision of the Court of Appeal in Watts v Morrow, in which it was held that, in the case of an ordinary surveyor's contract, the damages due to a purchaser-client are based on diminution in value. A surveyor is not normally responsible for a purchaser's simple disappointment, although a client who pays for additional reassurance may have further rights.

Cases, Surveyors

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Close brackets

Article Abstract:

Research shows that the use of the margin of error principle by English courts to dtermine whether a valuer is has been negligent is flawed and that the valuation negligence should be based on an analysis of the way that the valuation is undertaken. The research concludes that the margin of error principle should not be used as a legal rule but that valuers should be judged by their methods.

Real estate agents and managers, Real Estate Appraisers, Offices of Real Estate Appraisers, Practice

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No bar to liability

Article Abstract:

Issues are presented concerning the removal of the immunity of advocates by the House of Lords. The importance of preventing the relitigation of cases which have been competently ruled upon are discussed.

Attorneys, Lawyers, Privileges and immunities

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