Scullion – The Trend Is Nigh

Claims by lenders against valuers have now become commonplace, particularly in the buy-to-let arena, following the well publicised property crash. However, valuers and their insurers had hoped to avoid claims from buy-to-let borrowers by arguing that no duty of care could be owed in circumstances where such purchases were not standard residential transactions.

This issue (along with the effectiveness of disclaimers and the quantification of loss in borrower claims) was addressed in the March 2010 High Court decision of Scullion v Bank of Scotland plc (t/a Colleys). The trial judge found for the borrower, Mr Scullion, giving rise to the possibility of a new and, for the surveying community, an unwelcome trend of new claims.