Butcher & Anor v Pike & Ors (Rev 1) [2020] EWHC 3432 (QB) (07 December 2020)

Butcher & Anor v Pike & Ors (Rev 1) [2020] EWHC 3432 (QB) (07 December 2020)

The platform terms did not contain an express or clearly drafted prohibition against the Company placing adverts on behalf of other commercial lettings agents; the plain meaning of the terms permitted such activity. Disclosure for the purposes of the SPA warranty exclusion clause is not limited to matters disclosed in the Disclosure Letter; actual knowledge suffices.

Citation
[2020] EWHC 3432
Parties
Claimant/applicant: Brett John Butcher; Claimant/applicant: Darren Trueman; Defendant/respondent: Richard Pike; Defendant/respondent: Adrian Arkell; Defendant/respondent: Karl Carter
Jurisdiction
England and Wales
Judgment Date
07 December 2020
Procedural Posture
Summary Judgment Application / Summary Judgment Decision
Outcome
Summary judgment granted for Claimants; declarations made on both issues.
Legal Topics
Interpretation of Contracts, Breach of Warranty, Misrepresentation, Disclosure Obligations, Summary Judgment Procedure
Contract Law Commercial Law Interpretation of Contracts Breach of Warranty Misrepresentation Disclosure Obligations Summary Judgment Procedure

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Parties

Brett John Butcher

Claimant/applicant

Darren Trueman

Claimant/applicant

Richard Pike

Defendant/respondent

Adrian Arkell

Defendant/respondent

Karl Carter

Defendant/respondent

Procedural Posture

Summary Judgment Application / Summary Judgment Decision

Legal Issues

  1. 1 Whether the Company was contractually prohibited from placing adverts on behalf of other commercial lettings agents under the terms with Rightmove and Zoopla at the SPA date
  2. 2 Whether disclosure for the purposes of the SPA warranty exclusion clause must be contained in the Disclosure Letter

Ratio Decidendi

The platform terms did not contain an express or clearly drafted prohibition against the Company placing adverts on behalf of other commercial lettings agents; the plain meaning of the terms permitted such activity. Disclosure for the purposes of the SPA warranty exclusion clause is not limited to matters disclosed in the Disclosure Letter; actual knowledge suffices.

Court Disposition

Summary judgment granted for Claimants; declarations made on both issues.

Orders

  • Declaration that Defendants have no real prospect of establishing at trial that the Company was prohibited from placing adverts for other commercial lettings agents under the platform contracts at SPA date.
  • Declaration that disclosure for SPA warranty exclusion is not limited to the Disclosure Letter.