Midco Holdings Ltd & Anor v Piper [2004] EWCA Civ 476 (06 April 2004)

Midco Holdings Ltd & Anor v Piper [2004] EWCA Civ 476 (06 April 2004)

Although the judge was wrong to exclude consideration of the hospital project in assessing damages, Midco had not received any benefit from the project at the relevant time, so no set-off was required and the damages award stands.

Citation
[2004] EWCA Civ 476
Parties
Claimant/respondent: Midco Holdings Limited; Claimant/respondent: Ronald Andrew Middleton; Defendant/appellant: Keith Anthony Piper
Jurisdiction
England and Wales
Judgment Date
06 April 2004
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Damages for Deceit, Fraudulent Misrepresentation, Assessment of Damages, Set Off of Benefits
Civil Law Tort Law Damages for Deceit Fraudulent Misrepresentation Assessment of Damages Set Off of Benefits

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Parties

Midco Holdings Limited

Claimant/respondent

Ronald Andrew Middleton

Claimant/respondent

Keith Anthony Piper

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether benefits received from related property development must be set off against damages for deceit
  2. 2 Whether the judge erred in excluding consideration of the hospital project in assessing damages

Ratio Decidendi

Although the judge was wrong to exclude consideration of the hospital project in assessing damages, Midco had not received any benefit from the project at the relevant time, so no set-off was required and the damages award stands.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay two-thirds of the respondent's costs
  • Costs subject to detailed assessment if not agreed