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Erinaceous claims £18m clawback

Erinaceous chairman Nigel Turnbull has admitted that the company may have overpaid for a property management firm that it bought two years ago.


The troubled property services group is suing three former directors of London-based Mount Street Holdings – for which it paid £51.7m in 2005 – on the ground that the company’s value was overstated.


The High Court writ, signed off by corporate governance expert Turnbull, alleges that Mount Street’s former chief executive, Andrew Zahn, and directors, Peter and Nicholas Gould, are liable for £18m in damages.


Erinaceous paid a price based upon a multiple of 10 applied to Mount Street’s forecast 2005 operating profit.


According to the writ, the Goulds and Zahn gave warranties relating to the company’s financial accounts and liabilities in a share purchase agreement dated 23 November 2005.


However, it claims that these warranties were breached. As a result, operating profit had been overstated by £283,000 for irrecoverable loans to cover a shortfall in collection of insurance premiums; £1m for over-accrual of insurance premiums; £300,000 for service charge accounts; £97,409 for a non-existent facilities manager and fixed asset register; £50,000 for failure to comply with section 20 of the Landlord and Tenant Act 1985 consultation requirements and £30,000 for litigation over the Britannia Village developments in London’s docklands.


Erinaceous claims that the Goulds are liable for 95% of the damages and Zahn 5%.


A spokeswoman for the Goulds, who own residential developer Regis Group, said: “We are working closely with Erinaceous towards a swift and amicable resolution.”

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