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ARTICLE · 16 OCTOBER 2015

Bush v Summit Advances Ltd (High Court, February 2015)

The defendant's application for summary judgment was refused, and he appealed.

United KingdomLitigation, Mediation & Arbitration

The claimant maintained that it was owed a personal duty of care in relation to an alleged over-valuation of a property, on the basis that it had asked for a specific individual because of his experience, and the valuation report stated that "the valuer accepts responsibility to the client". The defendant's application for summary judgment was refused, and he appealed.

The High Court allowed the appeal. An individual acting as an agent, whether as an employee or not, did not incur personal responsibility to a claimant on the basis of his advice unless:

  • That individual had, by words or conduct indicated to the claimant that he was prepared to accept personal responsibility in the event that his advice was negligent

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