Charlton and Charlton v Northern Structural Services Ltd [electronic resource]

[2008] EWHC 66 (TCC), 8 February 2008. Considers the extent to which professional negligence may be remedied by a claim for damages. The claimants (C) purchased a property together. Prior to purchasing, the valuation report had shown that there was some cracking in the house and drain pipes. As a result it was a condition of their mortgage agreement that they have the cracks investigated and reported on by a structural engineer. They employed the defendant (N) to perform this. N recommended the removal of a number of trees close to the property. C removed the trees, but after C performed this there was structural movement and further cracking. C employed another valuer who was of the opinion that the tree removal had caused the additional cracking, and the correct procedure would have been pruning and management. "Held": The structural movement and additional cracking was caused by clay heave as a result of C following N's advice. The stigma attached to the property as a result of this had significantly reduced its value. Damages awarded to C.