Nationwide Building Society v Dunlop Haywards Ltd & Anor

Nationwide Building Society v Dunlop Haywards Ltd & Anor

The court found that DH, through Mr McGarry, made false and material representations in the valuation reports, was at least reckless as to their truth, intended Nationwide to rely on them, and Nationwide did so, suffering loss. The evidence established that the reports were not based on genuine inspections or honest valuations but were 'desk-top' valuations based on fictitious leases. The court was satisfied that DH had no real prospect of defending the claim and that summary judgment was appropriate.

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
Civil (commercial Fraud/deceit) / Summary Judgment Application
Outcome
Summary judgment for the claimant (Nationwide) against DHL (Adderley Road and Carmarthen) and Limited (Oldbury), damages to be assessed. Case settled before final judgment.
Legal Topics
Deceit, Fraud, Vicarious Liability, Summary Judgment, Valuation Negligence
Tort Commercial Law Deceit Fraud Vicarious Liability Summary Judgment Valuation Negligence

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 5 Authorities cited 12 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

Civil (commercial Fraud/deceit) / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendants (DH) are liable in deceit for fraudulent property valuations relied upon by the claimant (Nationwide)
  2. 2 Whether summary judgment is appropriate in a case involving allegations of fraud and dishonesty
  3. 3 Whether the representations made by DH were false, material, and induced the claimant's loss

Ratio Decidendi

The court found that DH, through Mr McGarry, made false and material representations in the valuation reports, was at least reckless as to their truth, intended Nationwide to rely on them, and Nationwide did so, suffering loss. The evidence established that the reports were not based on genuine inspections or honest valuations but were 'desk-top' valuations based on fictitious leases. The court was satisfied that DH had no real prospect of defending the claim and that summary judgment was appropriate.

Court Disposition

Summary judgment for the claimant (Nationwide) against DHL (Adderley Road and Carmarthen) and Limited (Oldbury), damages to be assessed. Case settled before final judgment.