Cases - Abbey National Mortgages plc v Key Surveyors Nationwide Ltd

Record details

Name
Abbey National Mortgages plc v Key Surveyors Nationwide Ltd
Date
[1995] [1996]
Citation
75 BLR 124 OR; 1 WLR 1534, CA
Legislation
Keywords
Expert witness - negligence in valuations and surveys
Summary

The claimant sued the defendant valuers for 29 property valuations in different parts of the country. The defendants argued that a separate expert would be needed for each of the 29 properties, because of the need for personal knowledge and experience of local market conditions. The claimants argued for a single court expert to be appointed.

The court held that there should be no presumption either for or against the appointment of a court expert. (Note: this decision was pre-CPR.) The crucial deciding factor was whether it would assist in the just, expeditious and economical disposal of the action. The court

'is concerned with doing justice, not with achieving a state of expensive and unnecessary perfection'.

In the result, it would not be necessary to have a separate expert for each property; the necessary market knowledge could be obtained through proper preparation.