Why an appeal ruling on negligence offers reassurance to valuers

McBride Polly 2025

The Court of Appeal has confirmed the two-step test for liability for negligent valuation, in a ruling on Bratt vs Jones

A valuation is a key component of nearly every property transaction whether it be a residential purchase, a multimillion-pound development or a refinancing agreement. When things go wrong, someone suffering a loss may look to recover some of that loss from the valuer they instructed. The recent Court of Appeal decision in Bratt vs Jones (2025) has provided welcome certainty on the test that should be applied to establish liability.

Standard of care 

As with other professionals, a valuer must act with reasonable skill and care. However, it is recognised that valuation is not a precise science. Valuers may well reach different results without breaching their duties. Accordingly, a concept has developed of a permissible bracket or margin of error. For a standard residential property, the margin may be as low as plus or minus 5%, but if there are exceptional features or if there is a lack of comparable evidence, the margin of error could rise to plus or minus 15%, or even higher in an appropriate case.

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