In Scullion v Bank of Scotland plc (trading as Colleys) [2011] EWCA Civ 693, the question for the Court of Appeal was whether a duty of care in the tort of negligence was owed to an intending mortgagor-purchaser of buy-to-let property by a valuer in the valuation of the property carried out on the instructions or at the behest of the prospective mortgagee.

Lord Neuberger MR distinguished Smith v Eric S Bush [1990] 1 AC 831 (and its companion case Harris v Wyre Forest District Council), on the basis that, unlike those cases, which involved the purchase of residential owner-occupied property, the present case involved the purchase of property as an investment. For a number of reasons, Lord Neuberger considered that all three limbs of the Caparo test were not made out, and therefore no duty of care was owed.

Kind regards,

Colin