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

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In a lender's claim against valuers who had fraudulently overstated the value of the property and against solicitors who had acted on the lender's behalf in respect of the security for the loans, the solicitors compromised their claim. The solicitors were entitled in their contribution claim against the valuers to recover amounts reflecting their relative responsibility taking in to account a deduction for the Claimants' contributory negligence. However the amounts reflecting the valuers' liability in deceit exclusively (i.e. non-foreseeable damages) would not be taken in to account as not amounting to ‘the same damage'.

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