Irvings to take lawyer to court

Jonathan and Jamie Irving

Jonathan and Jamie Irving

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Details of a multi-million pound claim by Peel businessmen Jonathan and Jamie Irving against their former company’s lawyer have been heard in the high court.

The Irvings are suing advocate Jerry Carter for several millions of pounds for alleged negligence, breach of contract and personal losses.

Their claims arise from the winding up of their Street Heritage company in February 2010 over unpaid taxes totalling more than £182,000.

Mr Carter was appointed to defend the winding up application but failed to turn up to the hearing in time.

As a result, Street Heritage, which the Irvings maintain had previously been solvent, became insolvent.

The claimants alleged they personally suffered a ‘domino effect’, whereby their various businesses and they personally suffered substantial losses.

They are seeking substantial damages, running into several millions of pounds, but with the claim brought by them in their personal capacities exceeding the company’s claim by a considerable margin.

The claims, however, are being defended on all fronts.

Mr Carter denies ever acting for the Irvings personally and he insists that Street Heritage, for which he did act, was insolvent prior to the winding up hearing and that in any event he and his practice Carters Advocates owed no duty of care to the claimants personally.

He alleges contributory negligence by the claimants, arguing they told him the wrong time for the winding-up hearing and that they failed to provide him with instructions and proposals to address the company’s alleged insolvency.

The Irvings were the directors of Street Heritage and Jonathan Irving,= the owner of all its shares.

At a hearing on June 30, the claimants applied to have the trial split, with the issues of alleged negligence and breach of contract being heard tried first and then the issue of personal losses.

Deemster Corlett has now granted the Irvings’ application and suggested a trial date be set without further delay.

Directors’ disqualification proceedings being taken against the Irvings have been adjourned after they lodged a professional conduct complaint about a witness – Andrew Paul Shimmin who was appointed liquidator of Street Heritage in 2010.

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