Butcher & Anor v Pike & Ors [2021] EWCA Civ 1407 (04 October 2021)

Butcher & Anor v Pike & Ors [2021] EWCA Civ 1407 (04 October 2021)

The terms of Rightmove and Zoopla did not prohibit BPG from advertising lettings on behalf of other commercial lettings agents; the relevant contractual provisions, when properly construed, either expressly permitted such activity or did not apply to BPG as an online agent. Furthermore, the Claimants were entitled to rely on disclosures made outside the Disclosure Letter for the purposes of clause 6.2 of the SPA, as the clause did not restrict 'non-disclosure' to the Disclosure Letter alone.

Citation
[2021] EWCA Civ 1407
Parties
Claimant/respondent: Brett John Butcher; Claimant/respondent: Darren Trueman; Defendant/appellant: Richard Pike; Defendant/appellant: Adrian Arkell; Defendant/appellant: Karl Carter
Jurisdiction
England and Wales
Judgment Date
04 October 2021
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in High Court
Outcome
Appeal dismissed
Legal Topics
Contractual Interpretation, Summary Judgment, Warranties and Disclosure, Deferred Consideration, Set Off and Counterclaim
Contract Law Commercial Law Contractual Interpretation Summary Judgment Warranties and Disclosure Deferred Consideration Set Off and Counterclaim

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Brett John Butcher

Claimant/respondent

Darren Trueman

Claimant/respondent

Richard Pike

Defendant/appellant

Adrian Arkell

Defendant/appellant

Karl Carter

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in High Court

Legal Issues

  1. 1 Whether the terms of Rightmove and Zoopla prohibited BPG from advertising lettings on behalf of other commercial lettings agents
  2. 2 Whether the Claimants can rely on disclosures made outside the Disclosure Letter for the purposes of clause 6.2 of the SPA

Ratio Decidendi

The terms of Rightmove and Zoopla did not prohibit BPG from advertising lettings on behalf of other commercial lettings agents; the relevant contractual provisions, when properly construed, either expressly permitted such activity or did not apply to BPG as an online agent. Furthermore, the Claimants were entitled to rely on disclosures made outside the Disclosure Letter for the purposes of clause 6.2 of the SPA, as the clause did not restrict 'non-disclosure' to the Disclosure Letter alone.

Court Disposition

Appeal dismissed

Orders

  • Defendants' appeal dismissed
  • Summary judgment for Claimants on both issues upheld