Aitsan Ltd & Ors v Duffy & Anor [2025] EWHC 1562 (Ch) (23 June 2025)

Aitsan Ltd & Ors v Duffy & Anor [2025] EWHC 1562 (Ch) (23 June 2025)

Claimants suffered recoverable loss as a result of making completion payments induced by fraudulent certificates; they are not required to give credit for sums recovered from Blunts (professional negligence) or administration recoveries, as these are collateral and not closely connected to the relevant transaction, but must give credit for sums received from sale of leases, as these are directly connected to the loss caused by the deceit.

Citation
[2025] EWHC 1562 (Ch)
Parties
Claimant: AITSAN LIMITED and others; First Defendant: Stuart Robert Duffy; Second Defendant: The Keith Davison Partnership Limited
Jurisdiction
England and Wales
Judgment Date
23 June 2025
Procedural Posture
Civil Deceit (fraudulent Misrepresentation) / Trial on Quantum (assessment of Damages)
Outcome
Claim for damages in deceit allowed in part; claimants must give credit for sums received from sale of leases, but not for recoveries from Blunts or administration.
Legal Topics
Fraudulent Misrepresentation, Measure of Damages in Deceit, Collateral Benefits, Mitigation of Loss, Sale of Leasehold Interests, Professional Negligence
Tort Law Contract Law Property Law Fraudulent Misrepresentation Measure of Damages in Deceit Collateral Benefits Mitigation of Loss Sale of Leasehold Interests +1 more

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Parties

AITSAN LIMITED and others

Claimant

Stuart Robert Duffy

First Defendant

The Keith Davison Partnership Limited

Second Defendant

Procedural Posture

Civil Deceit (fraudulent Misrepresentation) / Trial on Quantum (assessment of Damages)

Legal Issues

  1. 1 Whether claimants suffered recoverable loss as a result of fraudulent completion certificates
  2. 2 Whether claimants must give credit for sums recovered from professional negligence claims, administration recoveries, or sale of leases
  3. 3 Proper measure of damages in deceit

Ratio Decidendi

Claimants suffered recoverable loss as a result of making completion payments induced by fraudulent certificates; they are not required to give credit for sums recovered from Blunts (professional negligence) or administration recoveries, as these are collateral and not closely connected to the relevant transaction, but must give credit for sums received from sale of leases, as these are directly connected to the loss caused by the deceit.

Court Disposition

Claim for damages in deceit allowed in part; claimants must give credit for sums received from sale of leases, but not for recoveries from Blunts or administration.

Orders

  • Counsel to update Schedule of Loss to reflect judgment; damages to be calculated as completion payments less sums received from sale of leases; 39th claimant permitted to discontinue claim.