Cheshire Building Society v Dunlop Haywards (DHL) Ltd & Ors, Court of Appeal - Commercial Court, January 18, 2008, [2008] EWHC 51 (Comm)

Reporting Judge: [2008] EWHC 51 (Comm)

President: Cheshire Building Society v Dunlop Haywards (DHL) Ltd & Ors

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Extract

Cheshire Building Society v Dunlop Haywards (DHL) Ltd & Ors, Court of Appeal - Commercial Court, January 18, 2008, [2008] EWHC 51 (Comm)

Neutral Citation Number: [2008] EWHC 51 (Comm)

Case No: 2007 FOLIO NO. 717

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

COMMERCIAL COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 18/01/2008

Before :

MR JUSTICE DAVID STEEL

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Between :

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Case No: 2007 Folio 717

Sue Carr Q.C. & Ben Elkington (instructed by Addleshaw Goddard) for the Claimant

Roger Stewart Q.C. & Ben Patten (instructed by Berrymans Lace Mawer) for the First Defendant

Case No: 2007 Folio 1451

Roger Stewart Q.C. & Ben Patten (instructed by Berrymans Lace Mawer) for the Claimant

The Defendant did not appear and was not represented.

Hearing dates: 11th & 12th December 2007

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Judgment

Mr Justice David Steel:

Introduction

1. The Claimant (``CBS'') seeks summary judgment against the First Defendant (``DHL'') together with an order for interim payment in action 2007 Folio No. 717. In turn, DHL seeks the same relief by way of an indemnity in Action 2007 Folio No. 1451 against the Defendant in that action, Ian McGarry (``McGarry''). The two applications are heard together pursuant to an Order dated 30 November 2007 which abridged the relevant period of notice.

2. The claim is in deceit and arises from loans made by CBS in 2005 to a company called Goldgrade Properties Ltd (``Goldgrade''). CBS made claims against the valuer and the solicitors who acted on its behalf in respect of both an initial advance and a fur...

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