Valuer Negligence

This talk covers the issue of limitation in the context of lenders’ claims against valuers and, in particular, the vexed question of how a borrower’s covenant is to be valued following the seminal decision of the House of Lords in the case of Nykredit Mortgage Bank Plc v Edward Erdman Group Limited (No 2). There are a number of important lessons for lenders arising out of the case of Bridging Loan Limited v Toombs [2017] EWCA Civ 205. The talk also covers the issue of substitution of parties after the end of a limitation period  under CPR 17.4 and CPR 19.4 and the difference between a mistake as to identity versus a mistake as to liability in this context. The case of GE Money Home Lending Ltd v HC Wolton & Sons Ltd [2010] EWHC 1011 (Ch) is an illustration of the importance of addressing this matter carefully before any claim is issued.