Dadourian Group International Inc & Ors v Simms & Ors [2008] EWCA Civ 474 (12 March 2008)

Permission to appeal granted on grounds relating to inducement, joint tortfeasor liability, legal presumptions, indemnity costs, and damages inquiry; permission refused on costs deduction; issues regarding Freezing Orders and non-disclosure to be examined; application to vary or clarify stay order adjourned to trial judge.

Citation: [2008] EWCA Civ 474
Parties: Respondent/claimant: Dadourian Group International Inc & Ors; Appellant/defendant: Simms & Ors
Jurisdiction: England and Wales
Judgment Date: 12 March 2008
Procedural Posture: Civil Appeal / Permission to Appeal From High Court Judgment
Outcome: Permission to appeal granted in part, refused in part; application to vary/clarify stay order adjourned; costs reserved.
Legal Topics: Implied Representation, Joint Tortfeasor Liability, Inducement, Costs, Freezing Orders, Non Disclosure

Civil Procedure Fraud Tort Implied Representation Joint Tortfeasor Liability Inducement Costs Freezing Orders +1 more

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Parties

Dadourian Group International Inc & Ors

Respondent/claimant

Simms & Ors

Appellant/defendant

Procedural Posture

Civil Appeal / Permission to Appeal From High Court Judgment

Legal Issues

1 Whether implied representations in emails gave rise to liability
2 Whether claimants were induced by representations
3 Whether joint tortfeasor liability applies

Ratio Decidendi

Court Disposition

Permission to appeal granted in part, refused in part; application to vary/clarify stay order adjourned; costs reserved.

Orders

Permission to appeal granted on Grounds 2, 3, 6, 10, 14.
Permission to appeal refused on Ground 9.