4 Eng Ltd v Harper & Anor

4 Eng Ltd v Harper & Anor

The defendants made fraudulent misrepresentations and gave false warranties inducing the claimant to purchase Excel, causing loss. The exclusion/notice clause does not bar claims for fraudulently given warranties. The claimant is entitled to summary judgment for deceit and breach of tax warranties, with damages to be assessed.

Parties
Applicant: 4 ENG LTD; First Respondent: Roger Harper; Second Respondent: Barry Simpson
Jurisdiction
England and Wales
Judgment Date
03 May 2007
Procedural Posture
Civil Commercial (contract, Fraud, Misrepresentation) / Summary Judgment Application and Cross Application for Reverse Summary Judgment
Outcome
Summary judgment granted for claimant on deceit and breach of tax warranties; damages to be assessed; defendants' cross-applications dismissed; further proceedings on contract claims stayed pending assessment of damages.
Legal Topics
Deceit, Fraudulent Misrepresentation, Breach of Warranty, Misrepresentation Act, Summary Judgment, Exclusion Clauses, Assessment of Damages
Contract Law Tort Law Company Law Fraud Deceit Fraudulent Misrepresentation Breach of Warranty Misrepresentation Act +3 more

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Parties

4 ENG LTD

Applicant

Roger Harper

First Respondent

Barry Simpson

Second Respondent

Procedural Posture

Civil Commercial (contract, Fraud, Misrepresentation) / Summary Judgment Application and Cross Application for Reverse Summary Judgment

Legal Issues

  1. 1 Whether the defendants made fraudulent misrepresentations and breached warranties in the sale of Excel to the claimant
  2. 2 Whether the claimant is entitled to summary judgment for deceit and breach of warranty
  3. 3 Whether exclusion/notice clauses in the sale agreement bar contractual claims for breach of warranty given fraudulently

Ratio Decidendi

The defendants made fraudulent misrepresentations and gave false warranties inducing the claimant to purchase Excel, causing loss. The exclusion/notice clause does not bar claims for fraudulently given warranties. The claimant is entitled to summary judgment for deceit and breach of tax warranties, with damages to be assessed.

Court Disposition

Summary judgment granted for claimant on deceit and breach of tax warranties; damages to be assessed; defendants' cross-applications dismissed; further proceedings on contract claims stayed pending assessment of damages.

Orders

  • Summary judgment for claimant for damages to be assessed on deceit claim
  • Summary judgment for claimant for damages to be assessed on breach of tax warranties