Valuer’s Duty of Care to Buy-to-Let Purchaser

On 23 November 2011 the Supreme Court gave the Claimant permission to appeal the decision of Court of Appeal in Scullion v Bank of Scotland (t/a Colleys) [2011] EWCA Civ 693 (see news for 21 June 2011). The Court of Appeal dismissed Mr Scullion’s claim on the basis that the valuer retained by his mortgagee did not owe him a duty of care because he was “buying to let”.

Permission to appeal was sought on the basis that a substantial number of other cases turn on the same point and that the phenomenon of the “small” buy-to-let purchaser required an extension of the law as laid down in Smith v Bush in 1991.
William McCormick QC is instructed by John Kenneally of Miller Rosenfalck for Mr Scullion