EDITORIAL COMMENT

We report in this month’s edition the judgment in Partidge v Morris , this being one of the first building cases which has applied the Court of Appeal decision, handed down in February this year, in Banque Bruxelles Lambert v Eagle Star Insurance Company Limited. In that decision, the Court of Appeal decided, overturning the original decision of Mr Justice Phillips, that where a valuer negligently overvalues a property, such that a lender lends money that he would not otherwise have lent, and where the borrower defaults, and where there has been a fall in the market, the plaintiff lender is entitled to recover all of the loss, including such part of the loss as was increased by any fall in the capital value of the land.