Renault UK Ltd v Fleetpro Technical Services Ltd & Anor [2007] EWHC 2541 (QB) (13 November 2007)

Renault UK Ltd v Fleetpro Technical Services Ltd & Anor [2007] EWHC 2541 (QB) (13 November 2007)

The defendants, by marking orders with the BALPA FON and representing eligibility under the BALPA Scheme when the end purchasers were not BALPA members, made fraudulent misrepresentations intended to induce Renault UK to pay fleet support payments. The evidence did not support the defence that Renault UK or its employees consented to or were indifferent to the misuse. The claimant suffered loss by making fleet support payments it would not otherwise have made. Russell Thoms is personally liable as he was the directing mind and will of FleetPro and personally participated in the fraud.

Citation
[2007] EWHC 2541
Parties
Claimant: Renault UK Limited; First Defendant: FleetPro Technical Services Limited; Second Defendant: Russell Thoms
Jurisdiction
England and Wales
Judgment Date
13 November 2007
Procedural Posture
Civil (fraudulent Misrepresentation/deceit) / High Court Trial Judgment
Outcome
Claim allowed in part
Legal Topics
Fraudulent Misrepresentation, Deceit, Agency, Damages, Estoppel, Unjust Enrichment
Commercial Law Contract Law Tort Law Fraudulent Misrepresentation Deceit Agency Damages Estoppel +1 more

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Renault UK Limited

Claimant

FleetPro Technical Services Limited

First Defendant

Russell Thoms

Second Defendant

Procedural Posture

Civil (fraudulent Misrepresentation/deceit) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendants made fraudulent misrepresentations to obtain fleet support payments under the BALPA Scheme for non-BALPA members.
  2. 2 Whether the claimant suffered loss as a result of the defendants' conduct.
  3. 3 Whether the second defendant (Russell Thoms) is personally liable for the acts done as director of FleetPro.

Ratio Decidendi

The defendants, by marking orders with the BALPA FON and representing eligibility under the BALPA Scheme when the end purchasers were not BALPA members, made fraudulent misrepresentations intended to induce Renault UK to pay fleet support payments. The evidence did not support the defence that Renault UK or its employees consented to or were indifferent to the misuse. The claimant suffered loss by making fleet support payments it would not otherwise have made. Russell Thoms is personally liable as he was the directing mind and will of FleetPro and personally participated in the fraud.

Court Disposition

Claim allowed in part

Orders

  • Judgment for the claimant against both defendants for damages for fraudulent misrepresentation/deceit.
  • Account of profits not ordered as a matter of law for deceit; remedy is damages.