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Addressing causation in valuer negligence cases

It is key to establish whether claims satisfy the 'but for' test of causation at an early stage, advises Eleanor Kilner

30 June 2015

One of the essential elements of a negligence claim is factual causation. Claimants and their solicitors, however, often focus on establishing duty, and breach of duty, on the assumption that causation should just follow. But such an approach will prove costly to claimants, particularly in view of the recent case of Tiuta International Ltd v De Villiers [2015] EWHC 773 (Ch), which highlights the importance of establishing causation.

Negligent overvaluation

Tiuta concerns the alleged negligent overvaluation of a partially built residential development by the defendant valuer, de Villiers, for mortgage security purposes. In February 2011, the defendant valuer advised that the market value of the property was £3,250,000.
It subsequently provided an additional market value of £3,400,000 in November 2011.

The claimant...

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