Nationwide Building Society v Dunlop Haywards Ltd & Anor [2007] EWHC 1374 (Comm) (14 June 2007)

Nationwide Building Society v Dunlop Haywards Ltd & Anor [2007] EWHC 1374 (Comm) (14 June 2007)

The defendants, through their agent Mr McGarry, made false and material representations in valuation reports, at least recklessly as to their truth, intending Nationwide to rely on them. Nationwide did rely and suffered loss. The evidence was sufficiently clear to justify summary judgment for deceit, as there was no real prospect of a successful defence and no compelling reason for trial.

Citation
[2007] EWHC 1374 (Comm)
Parties
Claimant: Nationwide Building Society; First Defendant: Dunlop Haywards Limited; Second Defendant: Dunlop Haywards (DHL) Limited
Jurisdiction
England and Wales
Judgment Date
14 June 2007
Procedural Posture
Commercial Court Claim for Damages for Deceit (tort) / Application for Summary Judgment Under CPR 24.2
Outcome
Summary judgment for the claimant (Nationwide) against the defendants (DHL for Adderley Road and Carmarthen, Limited for Oldbury), damages to be assessed. However, parties settled on confidential terms before final judgment.
Legal Topics
Deceit, Fraud, Vicarious Liability, Summary Judgment, Valuation Reports, Inducement, Material Misrepresentation
Tort Law Commercial Law Civil Procedure Deceit Fraud Vicarious Liability Summary Judgment Valuation Reports +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Nationwide Building Society

Claimant

Dunlop Haywards Limited

First Defendant

Dunlop Haywards (DHL) Limited

Second Defendant

Procedural Posture

Commercial Court Claim for Damages for Deceit (tort) / Application for Summary Judgment Under CPR 24.2

Legal Issues

  1. 1 Whether the defendants made false and material representations with knowledge or recklessness as to their truth
  2. 2 Whether the defendants intended the claimant to rely on those representations
  3. 3 Whether the claimant relied on the representations and suffered loss

Ratio Decidendi

The defendants, through their agent Mr McGarry, made false and material representations in valuation reports, at least recklessly as to their truth, intending Nationwide to rely on them. Nationwide did rely and suffered loss. The evidence was sufficiently clear to justify summary judgment for deceit, as there was no real prospect of a successful defence and no compelling reason for trial.

Court Disposition

Summary judgment for the claimant (Nationwide) against the defendants (DHL for Adderley Road and Carmarthen, Limited for Oldbury), damages to be assessed. However, parties settled on confidential terms before final judgment.