THE MORTGAGE CORPORATION (AN UNLIMITED COMPANY) v HALIFAX (SW) LIMITED AND ANSCOMBE & RINGLAND LIMITED

[1999] Lloyd's Rep PN 159

QUEEN’S BENCH DIVISION

Before His Honour Judge Laurie (sitting as a judge of the High Court)

Valuers - Claim by lender - Over-valuation of property by two separate valuers - Self-certified loan - Negligence - Approach to determining whether over-valuation negligent - Causation - Burden of proof for establishing fact and terms of alternative transaction if non-negligent valuation had been given - Quantum of damages where alternative transaction established - Contributory negligence - Apportionment of liability between valuers.