RPC. Practice Areas. Wyre Forest DC v Secretary of State for the Environment. 835,the Court of Appeal (Kerr and Nourse L.JJ. 2 AC 357 HL. Smith v Eric Bush and Harris v Wyre Forest DC [1990] 1 AC 831 Facts: conjoined cases: Ps were house buyers who suffered pure economic loss; Ds, surveyors, employed by third party (mortgage lenders) negligently valued properties; Ds sought to rely on disclaimers, exempting liability; Issue: were the disclaimers valid? Previous Post Previous Competition Law: Estate agents feel the wrath of the CMA. Next Post Next Planning Update: Planning obligations –down but not out. Decision of the Court of Appeal in Harris v Wyre Forest DC [1988] 1 All ER 691 reversed. Alexandra Anderson is a partner at City law firm RPC. Construction Management and Economics: Vol. '1. and Caufield J. Username. Cases Citation. Harris v wyre forest D.C.1989 and Smith v Eric S bush 1990 A disclaimer maybe declared unreasonable and invalid, but a surveyor can still use one to discharge his duty and avoid liability Yeley v … In my opinion, this can make no difference. (2007). 25, CONSTRUCTION LAW AND MANAGEMENT, pp. 22nd February 1990. Smith v Eric S Bush & Harris v Wyre Forest BC (1989) Lord Griffiths said it was impossible to draw up an exhaustive list of the factors that must be taken into account when a judge is faced with the decision of what is fair and reasonable. Bush and Harris v. Wyre Forest District Council [1990] 1 AC 831: "I have already pointed out that the only real distinction between the present case [Harris] and the case of Yianni is that the valuation was carried out by an in-house valuer. Login. Public Law. In Harris v. Wyre Forest District Council [1988] Q.B. Held: )accepted an argument that the Act of 1977 did not apply becausethe council by their express disclaimer refused to obtain a - 9 - Smith v Eric S Bush; Harris v Wyre Forest District Council [1990] UKHL 1 Post navigation Previous Post Previous 1975 Act Inheritance Claims: The price of estrangement v Wyre Forest DC [ 19901 1 AC 831 (henceforth: Smith v Bush); Caparo Industries plc v Dickman and Other [1990] 2 AC 605 (henceforth: Caparo); Murphy v Brenrwood DC [1991] I AC 398 (henceforth: Murphy). Were the parties of equal bargaining power. Smith v Eric S Bush; Harris v Wyre Forest District Council [1990] UKHL 1; Post navigation. He then set out certain matters that should always be considered. Yianni v Edwin Evans Foresee ability of reliance can even invalidate exclusions. Professional employees' exposure to risk of negligence claims from the client. 811-819. Smith v Eric S Bush (a firm), Harris v Wyre Forest District Council [1990] 1 AC 831, [1989] 2 All ER 514 Author. 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