Very recent Valuation negligence case: Bratt v Jones. NCN [2024]EWHC631(Ch)

The case involves the calculation of a development appraisal and the case of  a landowner who subsequent to a sale felt that the land had been undervalued. The evidence of expert witnesses submissions were analysed and criticised. An interesting case for anyone who undertakes Valuation work

Below is the contents page of the case which shows the general scope of issues. The case is available on line but be prepared for a hour or so of CPD and a cup of tea or similar! Having read through the judgement the case reinforces established practice but also scrutinises the truthfulness or relevance of Expert witness statements.

HHJ CAWSON KC:
Contents

Introduction
Background
The Determination
Mr Bratt’s case
Introduction 32
Negligence claims against valuers – the Law 36
Determining the bracket 48
Mr Bratt’s case as to the witness evidence 51
Mr Bratt’s case as to Market Value 53
Mr Bratt’s pleaded case59
Conclusion 62
Mr Jones’s case 64
Introduction 64
The authorities 70
Application of the legal principles 90
Witnesses and the evidence 149
Conclusion 158
Decision 160
The applicable legal principles 160
The Witnesses169
Mr Jones 169
Experts 172
Valuation of the Site by the Court 177
Introduction 177
Residual valuation 178
Valuation by reference to comparables204
Conclusion in respect of the court’s valuation of the Site 235
Application of the bracket/margin 236
Applying the appropriate bracket to the court’s valuation 236
Alternative approach 241
If Mr Jones’s valuation had been outside the bracket 243
Overall conclusion and result 247