Supreme Court Appeal Withdrawn
The long-awaited appeal in Scullion v Bank of Scotland, which was due to be heard on 10-11 April 2013 has been withdrawn.
The appeal would have considered whether the duty of care owed to “ordinary” house-buyers by valuers of property retained by mortgage lenders extended to buyers who were “buying to let”. The trial judge had decided that Mr Scullion (who was buying a 2 bed flat with part of his “pension pot”) was owed such a duty but the Court of Appeal disagreed. Lord Neuberger (then Master of the Rolls, now President of the Supreme Court) held that Mr Scullion was essentially a commercial purchaser who could be expected to purchase his own survey, and although he expressed himself unhappy with the result, excluded such purchases from the ambit of the duty of care.
Various cases had been stayed to await the hearing of the appeal; it remains to be seen if any of these present the Supreme Court with the opportunity to consider this issue.
William McCormick QC, instructed by John Kenneally of Miller Rosenfalck, acted for Mr Scullion in the appeal.