In summer 2025, the Court of Appeal handed down its judgement in Bratt v Jones [2025] EWCA Civ 562. The decision offers a useful reminder of the law around professional negligence claims against valuers.
The dispute
Mr Bratt, who was selling development land, said Mr Jones, the valuer, had undervalued the site. Mr Bratt thought the land was worth around £7–8 million. Mr Jones valued it at £4.075 million.
Valuations are often described as an art rather than a science. For that reason, the courts recognise a “margin of error”. As long as a valuation falls within this margin, it will not usually be negligent. The accepted margins are:
- 5% for standard residential property
- 10% for a one-off property
- 15% for property with exceptional features
So, if a one-off property worth £460,000 is valued at £500,000, the £40,000 difference will not amount to negligence because it sits within the 10% margin.
What the Court of Appeal decided
The Court confirmed that a claimant must do more than simply show a valuation is wrong. To succeed in a negligence claim, the claimant must:
- prove the valuation falls outside the correct margin of error
- provide expert evidence to establish what the margin should be
- show why the valuer acted negligently in reaching their figure.
Mr Bratt argued that once he had shown the valuation was outside the margin, the burden shifted to Mr Jones to prove he was not negligent. He also failed to put forward expert evidence about what the correct margin should be.
The Court of Appeal rejected his argument. The responsibility lay with Mr Bratt to prove negligence, and expert evidence was essential.
The bigger picture
The Court also acknowledged an apparent problem with the orthodox approach: a valuer who uses poor methodology – even guesswork – may avoid a finding of negligence if their valuation happens, by chance, to fall within the margin of error. This issue may well reach the Supreme Court in future.
For now, though, the decision in Bratt v Jones reinforces the settled law: claimants must go beyond pointing to a valuation they believe is wrong. They must prove both the correct margin of error and that the valuer’s conduct fell short.
How we can help
If you believe you have suffered a loss as a result of an overvaluation, our professional negligence team can help. Contact Alice Evelegh-Taylor for advice on your claim.
