Lombard North Central Plc v Automobile World (UK) Ltd [2010] EWCA Civ 20 (26 January 2010)

Lombard North Central Plc v Automobile World (UK) Ltd [2010] EWCA Civ 20 (26 January 2010)

The appeal was dismissed because the misdescription/misrepresentation defence was not properly pleaded and could not be raised at trial; there was no procedural error by the trial judge. On mitigation, the trial judge was entitled to find that Lombard had acted reasonably in the sale of the vehicle and that Automobile World failed to prove a failure to mitigate loss.

Citation
[2010] EWCA Civ 20
Parties
Respondent / Claimant: Lombard North Central PLC; Appellant / Defendant: Automobile World (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
26 January 2010
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (chancery Division)
Outcome
Appeal dismissed
Legal Topics
Hire Purchase Agreements, Misrepresentation, Mitigation of Loss, Pleadings and Amendments, Summary Judgment, Rescission, Unfair Contract Terms
Contract Law Civil Procedure Hire Purchase Agreements Misrepresentation Mitigation of Loss Pleadings and Amendments Summary Judgment Rescission +1 more

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Parties

Lombard North Central PLC

Respondent / Claimant

Automobile World (UK) Ltd

Appellant / Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial judge erred in refusing to allow the defendant to raise a misdescription/misrepresentation defence at trial
  2. 2 Whether the claimant failed to mitigate its loss in the sale of the repossessed vehicle

Ratio Decidendi

The appeal was dismissed because the misdescription/misrepresentation defence was not properly pleaded and could not be raised at trial; there was no procedural error by the trial judge. On mitigation, the trial judge was entitled to find that Lombard had acted reasonably in the sale of the vehicle and that Automobile World failed to prove a failure to mitigate loss.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal on the misdescription point granted but appeal dismissed on both grounds
  • No order for retrial; original judgment stands