Latkter v General Guarantee Finance Ltd & Anor [2001] EWCA Civ 875 (5 June 2001)

Latkter v General Guarantee Finance Ltd & Anor [2001] EWCA Civ 875 (5 June 2001)

The appeal was dismissed because the claimant failed to prove any loss resulting from the alleged misrepresentation or breach of contract. Even if new evidence on misrepresentation were admitted, the absence of proven loss was fatal to the claim.

Citation
[2001] EWCA Civ 875
Parties
Claimant/appellant: Richard Latker; First Defendant/respondent: General Guarantee Finance Limited; Second Defendant/respondent: Ongar Motorcycles Limited
Jurisdiction
England and Wales
Judgment Date
05 June 2001
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Misrepresentation, Fraudulent Misrepresentation, Negligent Misrepresentation, Breach of Contract, Damages, Evidence on Appeal
Contract Law Tort Law Consumer Law Misrepresentation Fraudulent Misrepresentation Negligent Misrepresentation Breach of Contract Damages +1 more

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Parties

Richard Latker

Claimant/appellant

General Guarantee Finance Limited

First Defendant/respondent

Ongar Motorcycles Limited

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the claimant was induced to purchase the motorcycle by fraudulent or negligent misrepresentation
  2. 2 Whether there was a breach of contract regarding the description and quality of the motorcycle
  3. 3 Whether the claimant proved any loss or damage as a result of the alleged misrepresentation or breach

Ratio Decidendi

The appeal was dismissed because the claimant failed to prove any loss resulting from the alleged misrepresentation or breach of contract. Even if new evidence on misrepresentation were admitted, the absence of proven loss was fatal to the claim.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs summarily assessed in favour of the successful respondents, offset by costs incurred by the claimant on Ongar's unsuccessful application for security for costs