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Charles Phipps

Surveyors & Valuers

Charles acquired a close familiarity with claims against surveyors in the last round of lenders’ litigation at the turn of the century. He has been struck by the faithfulness with which history has repeated itself, but is also interested in the various ways in which the claims which are presently being made (and the accompanying allegations of contributory negligence against lenders) differ from those which were advanced in the past. He has acted both for and against surveyors and valuers in both commercial and domestic contexts, including:

  • the defence by a firm of surveyors of a claim brought by a residential property owner (claim dismissed summarily on the basis that no relevant duty owed to the claimant – National Westminster Bank plc v Lloyd (QBD) LTL 10/2/2009);
  • the defence by a firm of surveyors of a claim by a bank in respect of the alleged over-valuation of specialist industrial premises;
  • the defence by a firm of surveyors of a claim by non-status lenders alleging negligent overvaluation of mixed commercial and residential property;
  • the defence by a firm of surveyors of a claim by property owners alleging negligent advice in relation to damage caused by tree roots;
  • a claim against a firm of surveyors and land agents alleging negligent advice in relation to a scheme of commercial development.