Winning the battle but losing the war

We have previously commented on the need for claimants to establish all elements of a claim (duty, breach, causation and loss) if they want to achieve more than a Pyrrhic victory. The case of Mortgage Express v Countrywide Surveyors Limited provides another example of this, but with a slightly different twist.

Mortgage Express sued Countrywide for losses it said it had suffered as a result of advancing monies to borrowers purchasing properties in a development in Eastbourne, in alleged reliance on valuations provided by Countrywide. Mortgage Express brought its claim in deceit only; it claimed that Mr Driver, the valuer who gave the valuations, had no honest belief that his rental valuations were correct. Mortgage Express did not criticise Mr Driver’s capital valuations.