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Bloomsburry law conference

Professional negligence

EMMET THOMAS SCULLION v BANK OF SCOTLAND PLC (T/A COLLEYS)

The proposition established in Smith v Eric S Bush (A Firm) (1990) 1 AC 831, that the duty of care owed by a property surveyor to a mortgagee to prepare its valuation report with skill and care extended to the purchaser of the valued property, did not apply where the transaction concerned an investment in a buy-to-let property rather than an ordinary domestic householder purchasing his home. There was no inherent likelihood that a purchaser, buying property for the purpose of letting it out, would rely on a valuation provided to the mortgagee rather than obtaining his own valuation.

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