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Lesley Bothwell v. Messrs D.M. Hall and Others [2009] CSOH 24


Proof:- In this action the pursuer, the owner of a nursery business, sought damages from the defenders, a firm of chartered surveyors, for an alleged breach of contract and professional negligence arising out of a failure to exercise the standard of skill and care reasonably to be expected from a competent chartered surveyor in the marketing and possible sale of the pursuer's nursery. The only issue before the court was whether the defenders were liable, the quantification of the claim to be assessed in the event that the defenders were found liable. Here the court considered whether the pursuer had established that the chartered surveyor had been guilty of such failure as no chartered surveyor of ordinary skill would have been guilty of if acting with ordinary care. It was submitted on behalf of the pursuer that the breaches of duty by the defenders had been established by:- (1) the failure to inform the pursuer of the material part of a letter of 5 August 2003 by the time she had to decide whether or not to proceed with the proposed sale; and (2) the failure to inform prospective purchasers of that letter, having obtained the pursuer's permission to do so. Here the court considered whether the pursuer had established his case to the requisite standard.or whether the conduct of the defenders had been based on a rational professional judgement.