Cheshire Building Society v Dunlop Haywards (DHL) Ltd & Ors [2008] EWHC 51 (Comm) (18 January 2008)

Cheshire Building Society v Dunlop Haywards (DHL) Ltd & Ors [2008] EWHC 51 (Comm) (18 January 2008)

The cumulative evidence, including the scale of overvaluation, knowledge of the true property value, reliance on fictitious leases, and lack of credible explanation, established that McGarry acted dishonestly and DHL was liable in deceit. There was no real prospect of a defence at trial, justifying summary judgment and an interim payment.

Citation
[2008] EWHC 51 (Comm)
Parties
Claimant: The Cheshire Building Society; First Defendant (717), Claimant (1451): Dunlop Haywards (DHL) Ltd (T/A Dunlop Heywood Lorenz); Second Defendant (717): Cobbetts; Defendant (1451): Ian McGarry
Jurisdiction
England and Wales
Judgment Date
18 January 2008
Procedural Posture
Commercial Court Civil Claim (summary Judgment Applications) / Summary Judgment and Interim Payment Applications
Outcome
Summary judgment granted for the claimant (CBS) against DHL and for DHL against McGarry, with damages to be assessed. Interim payment ordered.
Legal Topics
Deceit, Fraudulent Misrepresentation, Professional Negligence, Summary Judgment, Interim Payment, Valuation Fraud, Mortgage Fraud
Tort Law Commercial Law Property Law Deceit Fraudulent Misrepresentation Professional Negligence Summary Judgment Interim Payment +2 more

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Parties

The Cheshire Building Society

Claimant

Dunlop Haywards (DHL) Ltd (T/A Dunlop Heywood Lorenz)

First Defendant (717), Claimant (1451)

Cobbetts

Second Defendant (717)

Ian McGarry

Defendant (1451)

Procedural Posture

Commercial Court Civil Claim (summary Judgment Applications) / Summary Judgment and Interim Payment Applications

Legal Issues

  1. 1 Whether the defendant (DHL/McGarry) committed deceit by providing fraudulent property valuations
  2. 2 Whether summary judgment is appropriate in a claim involving allegations of fraud
  3. 3 Whether the claimant is entitled to an interim payment

Ratio Decidendi

The cumulative evidence, including the scale of overvaluation, knowledge of the true property value, reliance on fictitious leases, and lack of credible explanation, established that McGarry acted dishonestly and DHL was liable in deceit. There was no real prospect of a defence at trial, justifying summary judgment and an interim payment.

Court Disposition

Summary judgment granted for the claimant (CBS) against DHL and for DHL against McGarry, with damages to be assessed. Interim payment ordered.

Orders

  • Summary judgment for CBS against DHL in deceit, damages to be assessed
  • Summary judgment for DHL against McGarry in deceit, damages to be assessed