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Home Forums General Discussion 22/03/2024:Recent Negligence claim against a Valuer in development appraisal.

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    Stephen Quirk MISVA

    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.


    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

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