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

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

The claimant is entitled to recover all special damages directly and consequentially caused by the defendant's deceit, including payments made, loss of share value, professional fees, bankruptcy-related losses, and general damages for distress, as these were all foreseeable or direct consequences of the fraud.

Citation
[2009] EWHC 286 (QB)
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
Civil Deceit (fraud) / Assessment of Damages Following Default Judgment
Outcome
Judgment for the claimant against the first defendant. Assessment of damages and interest as specified. Costs summarily assessed.
Legal Topics
Deceit, Fraud, Damages, Assessment of Damages, Bankruptcy, Interim Payment
Tort Law Civil Procedure Deceit Fraud Damages Assessment of Damages Bankruptcy Interim Payment

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Parties

Gilbert Kenneth Kinch

Claimant

David Rosling

First Defendant

Gillian Locke

Second Defendant

Kim Rosling

Third Defendant

Procedural Posture

Civil Deceit (fraud) / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 What damages are recoverable for deceit perpetrated by a solicitor?
  2. 2 Are consequential losses, including bankruptcy and loss of share value, recoverable in deceit?
  3. 3 Is the claimant entitled to general damages for distress and anxiety caused by the fraud?

Ratio Decidendi

The claimant is entitled to recover all special damages directly and consequentially caused by the defendant's deceit, including payments made, loss of share value, professional fees, bankruptcy-related losses, and general damages for distress, as these were all foreseeable or direct consequences of the fraud.

Court Disposition

Judgment for the claimant against the first defendant. Assessment of damages and interest as specified. Costs summarily assessed.

Orders

  • First defendant to pay special damages of £1,563,876.75 plus interest of £888,954.74 (total £2,452,831.49) less interim payment of £250,000, plus further interest of £79,962.78, resulting in a total of £2,282,794.27.
  • First defendant to pay general damages of £10,000 for distress and anxiety.