A recent test case has found that homeowners who sue surveyors for negligently failing to advise on possible structural movement in their valuation reports could introduce ‘hindsight,’ evidence to bolster their case.
The case, McKinnon vs e.surv Ltd, caused the judge to rule hindsight evidence could be used where the property has deteriorated after purchase as a result of defects which should have been spotted by the surveyor.
Michael Feakes, a solicitor in the Professional & Financial Risks group at national law firm Beachcroft Wansbroughs, said: ‘The case demonstrates the courtsš willingness to adopt a pragmatic approach to damages. In this case, the acceptance of later evidence of what had happened favoured the surveyor. But the decision should also be a warning to surveyors and their insurers.’