The Law Reports (Queen's Bench Division)
[2001] QB 1174
Court of Appeal
Merrett
v
Babb
[2001] EWCA Civ 214
2000 Nov 22,
23;
2001 Feb 15
2001 Feb 15
Aldous, May LJJ and Wilson J
Negligence
— Duty of care to whom?
— Surveyor
— Valuation of house for purpose of mortgage
— Surveyor employed by firm of surveyors and valuers instructed by mortgage lender
— Surveyor negligently valuing house
— Purchaser suffering consequential loss
— Whether surveyor owing duty of care to purchaser
— Whether personally liable to purchaser
Practice
— Parties
— Joinder
— Joinder of additional plaintiff
— House purchased jointly
— Action in negligence claiming entire loss brought by one purchaser
— Limitation period expiring before trial
— Whether addition of second purchaser “necessary for the determination of the original action”
— Whether “claim already made … cannot be maintained” unless second purchaser joined
—
Limitation Act 1980 (c 58), s 35(5)(b)(6)(b)