Erinaceous subsidiary Dunlop Haywards today called for former director Ian McGarry to appear in court to deny allegations of negligence against him in relation to a multi-million valuation.
At a high court hearing today Dunlop Haywards’s legal team successfully applied for a hearing to decide if summary judgement can be brought against McGarry to take place next week.
Confirm or deny
Dunlop Haywards was already due to defend a summary judgement hearing being brought against them by Cheshire Building Society.
The building society is suing Dunlop Haywards of an £11.5m loan they gave on a property allegedly based on McGarry’s advice.
The court heard a recent valuation put the West Midlands property at just £2m.
DH is suing McGarry in an effort to transfer the claim being brought against them onto him.
Unfair
The company argued today that it would be unfair for a judge to deliver a summary judgement against it without hearing from McGarry first.
‘We want to be in a position to say whether he does deny the allegations or he doesn’t,’ said Roger Stewart QC, for Dunlop Haywards. ‘We are keen to force him into that position.
‘Our position is that it is highly desirable that this be heard at the same time as the summary judgement hearing next week.’
Stewart said if McGarry fails to attend then an opinion should be taken by the judge accordingly.
McGarry, who represents himself in legal proceedings, was not in court for the proceedings today and sent a letter saying he had ‘no intention of turning up.’
McGarry is currently under investigation by the Serious Fraud Office in relation to valuations made while he worked at Dunlop Haywards in 2005.
