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Appeal decision good news for surveyors

Commercial property and construction

The Court of Appeal has unanimously agreed that surveyors did not owe a duty of care to a buy-to-let investor in the case of Scullion v Bank of Scotland Plc (t/a Colleys).

Law firm, Beachcroft said that the move not only closed off an avenue of claims against the profession, but that surveyors may also be able to use the decision to their advantage when defending claims brought by lenders.

The case involved the buy-to-let purchase of a residential flat by the claimant in October 2002. Surveyors had valued the property at £353,000 and advised that a rent of £2,000 per month could be anticipated. In reality, a rent of £1,050 a month was secured for the flat, which

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