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ARTICLE · 24 AUGUST 2012

Lender Claims – A Reminder On Causation

The recent matter of Platform Funding Limited V Anderson & Associates Ltd (2012) was a claim brought by a lender, which concerned the dishonest marketing of a number of flats in the now notorious Thamesmead development.

United KingdomReal Estate and Construction
Sophie Ruffles
Sophie Ruffles
Nerida Smith
Nerida Smith
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The recent matter of Platform Funding Limited V Anderson & Associates Ltd (2012) was a claim brought by a lender, which concerned the dishonest marketing of a number of flats in the now notorious Thamesmead development. The case is a reminder that causation is a fundamental aspect of claims in negligence against valuers and one that should not be ignored. A valuer may escape liability on this basis even where there is a clear breach of duty.

Background

In 2006, Anderson & Associates Ltd (AA) was instructed by Platform to value Flat 25, Hill House, a block in the Thamesmead development. AA valued it at £275,000.

Platform proceeded to advance the sum of £250,960 to the borrower. The borrower quickly defaulted and Platform repossessed the flat and sold it at a loss in 2008.

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