Kinch v Rosling & Ors [2009] EWHC 286 (QB) (20 February 2009)

Kinch v Rosling & Ors [2009] EWHC 286 (QB) (20 February 2009)

Claimant is entitled to recover all losses directly and consequentially caused by the defendant's deceit, including special damages for payments, asset losses, bankruptcy-related costs, and general damages for distress and humiliation.

Citation
[2009] EWHC 286
Parties
Claimant: Gilbert Kenneth Kinch; First Defendant: David Rosling; Second Defendant: Gillian Locke; Third Defendant: Kim Rosling
Jurisdiction
England and Wales
Judgment Date
20 February 2009
Procedural Posture
Assessment of Damages in Deceit / Post Judgment Damages Assessment
Outcome
Judgment for claimant against first defendant; damages assessed.
Legal Topics
Deceit, Assessment of Damages, Advanced Fee Fraud, Bankruptcy Consequences
Tort Fraud Damages Deceit Assessment of Damages Advanced Fee Fraud Bankruptcy Consequences

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Parties

Gilbert Kenneth Kinch

Claimant

David Rosling

First Defendant

Gillian Locke

Second Defendant

Kim Rosling

Third Defendant

Procedural Posture

Assessment of Damages in Deceit / Post Judgment Damages Assessment

Legal Issues

  1. 1 What damages are recoverable for deceit?
  2. 2 Are consequential losses, including bankruptcy-related losses, recoverable?
  3. 3 Is general damages for distress and humiliation appropriate?

Ratio Decidendi

Claimant is entitled to recover all losses directly and consequentially caused by the defendant's deceit, including special damages for payments, asset losses, bankruptcy-related costs, and general damages for distress and humiliation.

Court Disposition

Judgment for claimant against first defendant; damages assessed.

Orders

  • Award of special damages totalling £1,563,876.75 plus interest of £888,954.74, less interim payment of £250,000, plus further interest of £79,962.78, total £2,282,794.27.
  • Award of general damages of £10,000.