“Producing expert opinions is always interesting,” says Hugh Garratt, principal surveyor at Smith & Garratt. “Other peoples’ problems are invariably more interesting than one’s own. Having read the case materials, I often sit back and wonder whether – had they tried really hard – the people involved could have landed themselves in as much mess as they appear to do inadvertently!” A summary of recent cases follows. If you find yourself in a terrible mess, perhaps like one of these, give Smith & Garratt a call.

casestudies-23-Round-Up of Expert Reports

Boundary definition / personal injury / unmarked boundary / was the injury sustained on the highway or on the harbour side?
Surveyors negligence / newly purchased house almost inundated prior to construction of local flood defences by Environment Agency / value and saleability affected / should the surveyor’s Home-Buyer report have noted the risk, and what is the measure of loss post construction of the defences?
Misrepresentation / sale of converted mill in buoyant market / property flooded / market weakened / could the buyer rely on the seller’s assessment of flood-risk, and what is the measure of loss? (Single joint expert).
Capital Gains Tax / Principal Private Residence a Grade-I listed mansion in poor condition, requiring enabling development to fund essential repairs / enabling development executed in the grounds / whether or not enabling development took place within the ‘permitted area’ attached to the residence as a PPR and thus relieved of CGT. (First-Tier Tax Tribunal).
Ransom value / development site assembled from back gardens with access to a private street and planning consent obtained / site subject to restrictive covenants / street owner hostile to development / definition of the plot owner’s rights to develop within the scope of the covenants / definition of plot owner’s rights to obtain access and connections to water, drainage, gas, electricity and telecoms / consideration of alternative service routes / consideration of cost of cure / consideration of whether Defective Title Insurance Policy is valid or void. (High Court).
Personal injury / employee injured during grouse shoot / HSE improvement notice complied with / HSE subsequently brought prosecution / whether or not compliance with the notice provided prima-facie evidence of breach of employer’s duty of care.
Liability for personal injury arising under the Animals Act 1971 / cow in collision with two motorcycles on A-class road / quality of fence / whether keeper of livestock exercised due care.

More Case Studies

Smith & Garratt have acknowledged expertise with heritage property, regularly working on listed buildings and Scheduled Monuments. See some of our previous work.