EWJ June 61 2025 web - Flipbook - Page 20
defendant valuer when it comes to the question of
breach of duty – the affirmation that the burden of
proof on this issue remains at all times and in all ways
upon the claimant is a welcome one. The dicta in the
existing cases which could be read as suggesting otherwise were unhelpful and will no longer cause any
confusion on this point.
Authors
Polly McBride
Legal Director
DAC Beachcroft
Polly is a Legal Director
within the Professional Risks
Department and defends
professional indemnity
claims against a wide range
of professionals including
valuers, building surveyors, property managers,
estate agents, auctioneers and insurance brokers.
+44 (0)117 918 2723
Email: pmcbride@dacbeachcroft.com
www.dacbeachcroft.com
Nor were there any surprises in respect of how to fix
the margin of error. The Claimant's arguments on this
point appeared to stem from the fact that he had failed
to plead any position or adduce any evidence in respect of it. It was however always clear on the authorities that the margin of error was a question of fact for
the Court in each individual case.
In conclusion, the Court of Appeal has reaffirmed and
clarified the orthodox position in respect of the law of
valuer's negligence, but has also handed out a tantalising suggestion as to where any future debate about
this area of law may be focused.
Scott Allen
Scott Allen is a recommended
junior in the Legal 500 and
Chambers & Partners for
professional liability claims.
He is committed to providing
practical, commercial advice
and advocacy of the highest
quality, complemented by an
pproachable and client-friendly service.
DAC Beachcroft LLP acted for Mr Jones, with counsel Scott Allen of 4 New Square Chambers. Scott was
led by Graham Chapman KC in the appeal.
This article was jointly written by Polly McBride (DAC
Beachcroft) and Scott Allen (4 New Square
Chambers).
References
[1] [2000] PNLR 35
[3] Para 5
[5] [1996] 1 WLR 1438
+44 (0)207822 2140
s.allen@4newsquare.com
www.4newsquare.com
[2] [1997] PNLR 567
[4] [1996] 1 WLR 1438
Mr J S M Dwyer
Consultant Trauma & Orthopaedic Surgeon
BSc (Hons), MBBS (Lond), FRCS (Eng), FRCS (Orth)
Wide experience in general orthopaedic trauma & specialising in Children's injuries, pelvic & acetabular
fractures, complex articular fractures & limb reconstruction.
Elective specialisation in Children's orthopaedics.
Reports prepared for personal injuries compensation
& medical negligence litigation.
Mr J S M Dwyer
31 Quarry Avenue, Hartshill, Stoke-on-Trent, Staffordshire ST4 7EW
Contact: Mrs Diane Potts
Tel: 01782 417 833 Fax: 01782 417 844
Mob: 07771 721691
Email: dianepotts@btconnect.com
EXPERT WITNESS JOURNAL
18
JUNE 2025
