Merrett v Babb

Subject Matter

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

[2001] EWCA Civ 214; [2001] QB 1174; [2001] 3 WLR 1, CA

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, s 35(5)(b)(6)(b)

[2001] EWCA Civ 214; [2001] QB 1174; [2001] 3 WLR 1, CA

Commentary

Blackstones Civil Practice 2023
Judgments 10.50

Addition and Substitution of Parties - Addition or substitution of a party after the expiry of the limitation period - Claim cannot properly be continued 14.90