Inter Export LLC v Townley & Anor

Inter Export LLC v Townley & Anor

The second defendant is liable in deceit for fraudulent misrepresentation and forgery of SWIFT documents, inducing the claimant to deliver sunflower oil without payment. The claimant is entitled to compensation for the market value of the oil. The first defendant is not liable as a joint tortfeasor due to lack of evidence of shared intention or involvement.

Parties
Claimant: Inter Export LLC; First Defendant: Jonathan Townley; Second Defendant: Yaroslava Lasytsya
Jurisdiction
England and Wales
Judgment Date
17 March 2017
Procedural Posture
Civil / Judgment
Outcome
Claim against first defendant dismissed; claim against second defendant succeeds.
Legal Topics
Deceit, Fraudulent Misrepresentation, Contractual Damages, Tortious Damages, Joint Tortfeasor Liability
Tort Contract Fraud Deceit Fraudulent Misrepresentation Contractual Damages Tortious Damages Joint Tortfeasor Liability

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 5 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Inter Export LLC

Claimant

Jonathan Townley

First Defendant

Yaroslava Lasytsya

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants are personally liable in deceit for fraudulent misrepresentation
  2. 2 Whether contractual or tortious damages are recoverable
  3. 3 Whether the first defendant is a joint tortfeasor

Ratio Decidendi

The second defendant is liable in deceit for fraudulent misrepresentation and forgery of SWIFT documents, inducing the claimant to deliver sunflower oil without payment. The claimant is entitled to compensation for the market value of the oil. The first defendant is not liable as a joint tortfeasor due to lack of evidence of shared intention or involvement.

Court Disposition

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

Orders

  • Second defendant to pay claimant US$1,203,099 for the value of the oil.
  • Interest to be determined after further argument.