Nationwide Building Society v Dunlop Haywards (DHL) Ltd (t/a Dunlop Heywood Lorenz) & Anor [2009] EWHC 254 (Comm) (18 February 2009)

Nationwide Building Society v Dunlop Haywards (DHL) Ltd (t/a Dunlop Heywood Lorenz) & Anor [2009] EWHC 254 (Comm) (18 February 2009)

CBS is entitled to judgment against DHL for £15,464,106, representing the total recoverable loss less recovery from Cobbetts. For contribution, the same damage for which both DHL and Cobbetts are liable is limited to foreseeable losses recoverable from Cobbetts, reduced by 50% for contributory negligence and subject to Cobbetts' contractual limitation. The just and equitable apportionment is 80% DHL, 20% Cobbetts. Cobbetts is entitled to contribution from DHL of £4,597,983, including a share of costs paid to CBS.

Citation
[2009] EWHC 254 (Comm)
Parties
Claimant: Nationwide Building Society; First Defendant: Dunlop Haywards (DHL) Limited (t/a Dunlop Heywood Lorenz); Second Defendant: Cobbetts (A Firm)
Jurisdiction
England and Wales
Judgment Date
18 February 2009
Procedural Posture
Commercial Court Claim for Damages and Contribution / Final Assessment of Damages and Contribution After Summary Judgment and Settlement
Outcome
Judgment for claimant against DHL for £15,464,106; Cobbetts entitled to contribution from DHL of £4,597,983; costs awarded to CBS and Cobbetts as assessed.
Legal Topics
Deceit, Negligence, Damages Assessment, Contribution Between Tortfeasors, Limitation of Liability, Contributory Negligence
Tort Law Contract Law Professional Negligence Fraud Insolvency Deceit Negligence Damages Assessment +3 more

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Parties

Nationwide Building Society

Claimant

Dunlop Haywards (DHL) Limited (t/a Dunlop Heywood Lorenz)

First Defendant

Cobbetts (A Firm)

Second Defendant

Procedural Posture

Commercial Court Claim for Damages and Contribution / Final Assessment of Damages and Contribution After Summary Judgment and Settlement

Legal Issues

  1. 1 Assessment of damages recoverable by claimant against DHL for deceit
  2. 2 Assessment of Cobbetts' contribution claim against DHL
  3. 3 Determination of the correct approach to apportionment of contribution under the Civil Liability (Contribution) Act 1978

Ratio Decidendi

CBS is entitled to judgment against DHL for £15,464,106, representing the total recoverable loss less recovery from Cobbetts. For contribution, the same damage for which both DHL and Cobbetts are liable is limited to foreseeable losses recoverable from Cobbetts, reduced by 50% for contributory negligence and subject to Cobbetts' contractual limitation. The just and equitable apportionment is 80% DHL, 20% Cobbetts. Cobbetts is entitled to contribution from DHL of £4,597,983, including a share of costs paid to CBS.

Court Disposition

Judgment for claimant against DHL for £15,464,106; Cobbetts entitled to contribution from DHL of £4,597,983; costs awarded to CBS and Cobbetts as assessed.

Orders

  • Judgment for CBS against DHL for £15,464,106.
  • Cobbetts entitled to contribution from DHL in the sum of £4,597,983.