Mr Joe Guishard -v- Connells Survey & Valuation Limited

Berry Smith is delighted to have acted on behalf of the Claimant, Mr Guishard, in his successful claim for professional negligence against the Defendant, Connells Survey & Valuation Limited, a national provider of residential property valuation and surveying services.

Conduct of the claim has been led by Cerys Laskey and Harry Moyle of Berry Smith’s Dispute Resolution team.

Background

Mr Guishard, a local business owner, instructed the Defendant to produce a HomeBuyer Report before completing the purchase of his new home. 

The purpose of a HomeBuyer Report is to (1) identify any defects at the property that need to be repaired, and (2) provide the buyer with a valuation to help them decide what price they want to pay for the property.

Following production of the HomeBuyer Report by the Defendant, Mr Guishard purchased his new home in 2018 at the price recommended by the Defendant.

Unfortunately, it became apparent that there were serious defects present in the roof of the property, causing a dangerous leak which required urgent repair at a substantial cost to Mr Guishard of £25,000.  The defects had not been identified by the Defendant in the HomeBuyer Report.

It was Mr Guishard’s case that by not identifying the defects, the Defendant had failed to carry out the HomeBuyer Report with the care and skill required of a competent surveyor; the negligent survey had resulted in Mr Guishard overpaying for the property by £25,000.

Judgment

The matter was listed for a 3-day trial at Cardiff Civil and Family Justice Centre in front of a Circuit Judge.

Following successful submissions from Adam Boyle of St. John’s Chambers, the Judge noted that “a reasonable and competent surveyor should have been alert to the issues… The Defendant had a duty to draw to the Claimant’s attention the combination of issues which compromised the integrity of the building”.

The Judge concluded that the Defendant had been negligent when producing the HomeBuyer Report and awarded Mr Guishard damages in the sum of £25,000, along with an additional 10% uplift on both damages and costs, and further interest at a penal rate of 10%.

Mr Guishard has said “I am delighted with the outcome of this case.  It gave me a real sense of joy, after 3 long years of trying to get justice, it felt great to know big corporate companies cannot get away with not providing the professional advice you pay for as a consumer.

This case was both physically and emotionally draining, but worth it for the correct decision.  Both my barrister and solicitors, Berry Smith, were fantastic to both me and the case.”

If you would like more information about the issues raised in this article, or any other aspect of professional negligence, please contact us on 029 2034 5511 or dispute@berrysmith.com