Hart v Large Case Update
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22 January 2021
Many surveyors have been following the case of Hart vs Large very closely, particularly due to its relevance for members delivering home surveys to consumers.
The appeal of that case came before the Court of Appeal in December 2020, who decided to dismiss the appeal and uphold the High Court's judgment. The judgement from the Court of Appeal was last week.
https://www.bailii.org/ew/cases/EWCA/Civ/2021/24.html
RICS has been reviewing the case along with legal experts in this field. Whilst this decision signifies a potential willingness by the Courts to depart from the usual measure of loss, the Court of Appeal stressed that this was an unusual case and that the findings should not give rise to a departure from the usual principles governing the measure of loss in claims against surveyors.
Read the full commentary piece from Alexandra Anderson and Katharine Cusack a Senior Associate at City Law firm, Reynolds Porter Chamberlain.
Although the case was unusual, it does highlights important issues for surveyors surveying and valuing a property for a prospective purchaser.
The key take-aways from this case are relevant to the requirements set out in the new RICS Home Survey Standard, coming into effect on 1st March 2021, namely:
- Being clear on the report about the scope of inspection including limitations, caveats and actions available to the client;
- Recommending justifiable further investigation;
- Taking all reasonable steps to ensure clients understand the differences between the levels of service, including the extent and limitations of each option
RICS will publish follow up content to support members delivering home survey services in compliance with the new Home Survey Standard.
