Gabriel v Little & Ors [2013] EWCA Civ 1513 (22 November 2013)

Gabriel v Little & Ors [2013] EWCA Civ 1513 (22 November 2013)

The Court of Appeal upheld the trial judge's findings that Mr Little did not make fraudulent misrepresentations, no Quistclose or other trust was created, and there was no dishonest assistance or knowing receipt by Mr Little or High Tech. The court found BPE Solicitors negligent in failing to inform Mr Gabriel of the true use of the loan monies, but the measure of damages was limited to the loss caused by the solicitor's breach, not all losses from the transaction.

Citation
[2013] EWCA Civ 1513
Parties
Appellant/claimant: Mr Richard Gabriel; Respondent/defendant: Mr Peter Little; Respondent/defendant: High Tech Design & Build Limited; Respondent/defendant: Whiteshore Associates Ltd; Appellant/defendant: BPE Solicitors; Appellant/defendant: BPE Solicitors LLP
Jurisdiction
England and Wales
Judgment Date
22 November 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeals From High Court (chancery Division)
Outcome
Appeals by Mr Gabriel against Mr Little and High Tech dismissed; BPE Solicitors found liable in negligence but damages limited.
Legal Topics
Fraudulent Misrepresentation, Quistclose Trust, Dishonest Assistance, Knowing Receipt, Solicitor's Negligence, Breach of Fiduciary Duty, Damages for Professional Negligence
Contract Law Tort Law Equity and Trusts Professional Negligence Fraudulent Misrepresentation Quistclose Trust Dishonest Assistance Knowing Receipt +3 more

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Parties

Mr Richard Gabriel

Appellant/claimant

Mr Peter Little

Respondent/defendant

High Tech Design & Build Limited

Respondent/defendant

Whiteshore Associates Ltd

Respondent/defendant

BPE Solicitors

Appellant/defendant

BPE Solicitors LLP

Appellant/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeals From High Court (chancery Division)

Legal Issues

  1. 1 Whether Mr Little made fraudulent misrepresentations to Mr Gabriel regarding the purpose of the loan
  2. 2 Whether a Quistclose or other trust was created over the loan monies
  3. 3 Whether Mr Little and High Tech were liable for dishonest assistance or knowing receipt

Ratio Decidendi

The Court of Appeal upheld the trial judge's findings that Mr Little did not make fraudulent misrepresentations, no Quistclose or other trust was created, and there was no dishonest assistance or knowing receipt by Mr Little or High Tech. The court found BPE Solicitors negligent in failing to inform Mr Gabriel of the true use of the loan monies, but the measure of damages was limited to the loss caused by the solicitor's breach, not all losses from the transaction.

Court Disposition

Appeals by Mr Gabriel against Mr Little and High Tech dismissed; BPE Solicitors found liable in negligence but damages limited.

Orders

  • Dismissal of Mr Gabriel's appeal against Mr Little and High Tech
  • BPE Solicitors liable for negligence; damages awarded to Mr Gabriel