Cheshire Building Society v Dunlop Haywards (DHL) Ltd and Cobbetts [electronic resource]
Cheshire Building Society v Dunlop Haywards (DHL) Ltd and Cobbetts [electronic resource]
- 2008
[2008] EWHC 51(Comm), 18 January 2008. The applicant building society (C) applied for summary judgment against a valuation company (D), who in turn sought the same relief against its director (M). C was asked to make a loan to a company (G) to fund the purchase of a property. M produced a valuation for C on behalf of D. On this basis, and the understanding that the property was to be let to businesses at good rates, C supplied the loan. M's valuation had been fraudulent and there were no lettings in place. G defaulted on the loan and C incurred considerable losses. M denied the allegations but provided no details as to his argument. "Held": In both actions it was for the claimants, C and D, to demonstrate that M had no real belief in his valuation. D made no defence against C's allegations and while accepting M's incompetence, produced aspects of the valuation consistent only with dishonesty. D could find no official record of G's payments, suggesting it had been made to M personally. M had been found guilty of fraud in other cases and had proven his propensity for such actions. Judgement for the claimants.
CHESHIRE BUILDING SOCIETY V DUNLOP HAYWARDS (DHL) LTD AND ANOTHER
England and Wales--1543-
[2008] EWHC 51(Comm), 18 January 2008. The applicant building society (C) applied for summary judgment against a valuation company (D), who in turn sought the same relief against its director (M). C was asked to make a loan to a company (G) to fund the purchase of a property. M produced a valuation for C on behalf of D. On this basis, and the understanding that the property was to be let to businesses at good rates, C supplied the loan. M's valuation had been fraudulent and there were no lettings in place. G defaulted on the loan and C incurred considerable losses. M denied the allegations but provided no details as to his argument. "Held": In both actions it was for the claimants, C and D, to demonstrate that M had no real belief in his valuation. D made no defence against C's allegations and while accepting M's incompetence, produced aspects of the valuation consistent only with dishonesty. D could find no official record of G's payments, suggesting it had been made to M personally. M had been found guilty of fraud in other cases and had proven his propensity for such actions. Judgement for the claimants.
CHESHIRE BUILDING SOCIETY V DUNLOP HAYWARDS (DHL) LTD AND ANOTHER
England and Wales--1543-