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For compensation to be payable for negligence, not only must the negligence be proven, but it must also be proven that a loss was suffered as a result to someone who was owed a 'duty of care'.

When a surveyor's property valuation was shown to be negligently high, the mortgage lender was able to claim for its loss after the buyer defaulted and the property was repossessed and sold at a loss.

The surveyor, in turn, claimed against the solicitors who acted in the matter. They had information that suggested the valuation was excessive, but failed to pass this on to the lender. This claim failed because the surveyor could not prove that the lender would not have made the loan if it had been in possession of that information.

Just because a loss is suffered, compensation need not follow. For a claim of this kind to succeed, it is also necessary to show that the person giving you advice owed you a duty of care and was in breach of that duty, that you acted as you did because of their advice and that you would not have acted in that way unless they had been negligent.

For further information on this article, please contact Richard Cooper on 0121 746 3300, email r.cooper@sydneymitchell.co.uk or fill in our online enquiry form.

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