Cases - Bank of Scotland v Messrs Fuller Peiser

Record details

Name
Bank of Scotland v Messrs Fuller Peiser
Date
[2002]
Citation
PNLR 289
Legislation
Keywords
Negligence in valuations and surveys
Summary

The defendant valuers were asked by the potential purchaser of a hotel to provide a valuation of it for lending purposes. The valuation report contained a disclaimer in similar terms to that in Commercial Financial Services Ltd v McBeth & Co. The claimant bank, on being approached for a mortgage loan, asked the valuers directly for a copy of the report and made it clear that any loan would be dependent on a satisfactory valuation. It was held that, notwithstanding their knowledge and direct dealing with the lenders, the clear disclaimer prevented the valuers from owing any duty of care to them.