Inter Export LLC v Townley & Anor [2017] EWHC 530 (Ch) (17 March 2017)

Inter Export LLC v Townley & Anor [2017] EWHC 530 (Ch) (17 March 2017)

The second defendant is liable in deceit for fraudulent misrepresentation, having forged SWIFT documents and made false representations that induced the claimant to deliver sunflower oil without payment. The first defendant is not liable as there is insufficient evidence of his participation in or shared intention regarding the fraud.

Citation
[2017] EWHC 530 (Ch)
Parties
Claimant: Inter Export LLC; First Defendant: Jonathan Townley; Second Defendant: Yaroslavna Lasytsya
Jurisdiction
England and Wales
Judgment Date
17 March 2017
Procedural Posture
High Court Civil Claim (chancery Division) / Judgment After Trial
Outcome
Claim against first defendant dismissed; claim against second defendant succeeds.
Legal Topics
Deceit, Fraudulent Misrepresentation, Joint Tortfeasor Liability, Measure of Damages in Fraud, Accessory Liability in Tort
Commercial Law Tort Law Fraud Deceit Fraudulent Misrepresentation Joint Tortfeasor Liability Measure of Damages in Fraud Accessory Liability in Tort

Case Brief

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Parties

Inter Export LLC

Claimant

Jonathan Townley

First Defendant

Yaroslavna Lasytsya

Second Defendant

Procedural Posture

High Court Civil Claim (chancery Division) / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants are personally liable in deceit for fraudulent misrepresentation relating to non-payment for sunflower oil.
  2. 2 Whether the first defendant is jointly liable as a joint tortfeasor or conspirator.
  3. 3 What is the appropriate measure of damages for deceit in this context.

Ratio Decidendi

The second defendant is liable in deceit for fraudulent misrepresentation, having forged SWIFT documents and made false representations that induced the claimant to deliver sunflower oil without payment. The first defendant is not liable as there is insufficient evidence of his participation in or shared intention regarding the fraud.

Court Disposition

Claim against first defendant dismissed; claim against second defendant succeeds.

Orders

  • Judgment for the claimant against the second defendant for US$1,203,099.
  • Interest to be determined after further argument.