McKinnon & Ors v E. Surv Ltd, Court of Appeal - Chancery Division, January 14, 2003, [2003] EWHC 475 (Ch)

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McKinnon & Ors v E. Surv Ltd, Court of Appeal - Chancery Division, January 14, 2003, [2003] EWHC 475 (Ch)

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Neutral Citation Number: [2003] EWHC 475 (Ch)

CLAIM No.HC02C00172

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

Royal Courts of Justice

Strand, London WC2A 2LL

14 January 2003

BEFORE JONATHAN GAUNT QC SITTING AS A DEPUTY JUDGE OF THE CHANCERY DIVISION

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BETWEEN:

(1) GORDON ANGUS McKINNON

(2) DELYTH NOLEEN McKINNON

Claimants

and

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E. SURV LIMITED

(FORMERLY KNOWN AS GA VALUATION AND SURVEY LIMITED)

Defendant

Mr N.D.P. Mendoza (instructed by Lewis Silkin of 12 Gough Square, London EC4) appeared for the Claimant

Mr Justin Althaus (instructed by Prettys of Elm House, 25 Elm Street, Ipswich) appeared for the Defendant

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JUDGMENTIntroductory

1. In April 1999 Mr Gordon McKinnon and his wife Delyth were considering purchasing a bungalow at 64 Herbert Road, Emerson Park, Hornchurch, Essex for their home. On 13th April they instructed the Defendant company, then known as G.A.Valuation and Survey Limited, to provide an RICS/ISVA Homebuyer's survey and valuation report. They were duly provided with a report dated 15th April 1999 prepared by Mr S. Barford, BSc ARICS of the Defendant company. The report was required by Mr and Mrs McKinnon's proposed mortgagee but its objective went further than merely satisfying the mortgagee. As the report itself stated:

``T...

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