Nationwide Building Society v Dunlop Haywards (DHL) Ltd (t/a Dunlop Heywood Lorenz) & Anor

Nationwide Building Society v Dunlop Haywards (DHL) Ltd (t/a Dunlop Heywood Lorenz) & Anor

CBS is entitled to judgment against DHL for £15,464,106, representing all losses directly flowing from DHL’s fraudulent misrepresentation, less the value of the property and recovery from Cobbetts. Cobbetts’ liability to CBS is limited to foreseeable losses (net advance and lost interest), subject to a 50% reduction for contributory negligence and a contractual cap, totalling £5,585,001. For contribution, the amount to be apportioned is the loss for which both DHL and Cobbetts are liable (£13,200,179), reduced by 50% for contributory negligence (£6,600,090), with Cobbetts’ share at 20% (£1,320,018). Cobbetts is entitled to contribution from DHL of £4,264,983 for damages and £333,000 for...

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 / Judgment After Assessment of Damages and Contribution Claim
Outcome
Judgment for claimant; contribution awarded to Cobbetts against DHL
Legal Topics
Deceit, Negligence, Damages Assessment, Contribution Between Tortfeasors, Limitation of Liability, Contributory Negligence
Tort Law Contract Law Civil Procedure Deceit Negligence Damages Assessment Contribution Between Tortfeasors Limitation of Liability +1 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 / Judgment After Assessment of Damages and Contribution Claim

Legal Issues

  1. 1 Assessment of damages recoverable by CBS against DHL for deceit
  2. 2 Assessment of contribution recoverable by Cobbetts from DHL under the Civil Liability (Contribution) Act 1978
  3. 3 Extent of liability for consequential losses and remoteness of damage

Ratio Decidendi

CBS is entitled to judgment against DHL for £15,464,106, representing all losses directly flowing from DHL’s fraudulent misrepresentation, less the value of the property and recovery from Cobbetts. Cobbetts’ liability to CBS is limited to foreseeable losses (net advance and lost interest), subject to a 50% reduction for contributory negligence and a contractual cap, totalling £5,585,001. For contribution, the amount to be apportioned is the loss for which both DHL and Cobbetts are liable (£13,200,179), reduced by 50% for contributory negligence (£6,600,090), with Cobbetts’ share at 20% (£1,320,018). Cobbetts is entitled to contribution from DHL of £4,264,983 for damages and £333,000 for...

Court Disposition

Judgment for claimant; contribution awarded to Cobbetts against DHL

Orders

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