Kinch v Rosling & Ors

Kinch v Rosling & Ors

The claimant is entitled to recover all special damages directly caused by the deceit, including payments made, lost investments, professional fees, and consequential losses, as well as general damages for distress and anxiety. Interest is awarded at 8% up to 17 August 2008 and 10% thereafter, in line with Part 36.14.

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. Damages assessed and awarded as specified. Proceedings remain on foot against the second and third defendants.
Legal Topics
Deceit, Fraud, Damages, Bankruptcy, Assessment of Damages
Tort Civil Procedure Deceit Fraud Damages Bankruptcy Assessment of Damages

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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 is the appropriate quantum of damages for deceit committed by the first defendant?
  2. 2 Are consequential losses, including those not reasonably foreseeable, recoverable in this case?
  3. 3 Is the claimant entitled to general damages for distress and anxiety caused by the deceit and resulting bankruptcy?

Ratio Decidendi

The claimant is entitled to recover all special damages directly caused by the deceit, including payments made, lost investments, professional fees, and consequential losses, as well as general damages for distress and anxiety. Interest is awarded at 8% up to 17 August 2008 and 10% thereafter, in line with Part 36.14.

Court Disposition

Judgment for the claimant against the first defendant. Damages assessed and awarded as specified. Proceedings remain on foot against the second and third defendants.

Orders

  • First defendant to pay special damages and interest as set out in the judgment schedule.
  • First defendant to pay general damages of £10,000 for distress and anxiety.