Sykes & Anor v Taylor-Rose & Anor [2004] EWCA Civ 299 (27 February 2004)

Sykes & Anor v Taylor-Rose & Anor [2004] EWCA Civ 299 (27 February 2004)

The vendors were not under a legal duty to disclose the murder; question 13 of the Seller's Property Information Form required only an honest answer, not one based on reasonable grounds; as the answer was honestly given, there was no misrepresentation or negligence, and thus no liability for damages.

Citation
[2004] EWCA Civ 299
Parties
Claimant/appellant: Alan Ernest Sykes; Claimant/appellant: Susan Sykes; Defendant/respondent: James Walker Taylor-Rose; Defendant/respondent: Alison Claire Taylor-Rose
Jurisdiction
England and Wales
Judgment Date
27 February 2004
Procedural Posture
Civil Appeal / Appeal From Leeds County Court Judgment
Outcome
Appeal dismissed; cross-appeal dismissed; permission to appeal to House of Lords refused.
Legal Topics
Misrepresentation, Duty of Disclosure, Negligence, Caveat Emptor, Costs Orders
Property Law Contract Law Tort Law Misrepresentation Duty of Disclosure Negligence Caveat Emptor Costs Orders

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Parties

Alan Ernest Sykes

Claimant/appellant

Susan Sykes

Claimant/appellant

James Walker Taylor-Rose

Defendant/respondent

Alison Claire Taylor-Rose

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Leeds County Court Judgment

Legal Issues

  1. 1 Whether the vendors were under a duty to disclose the property's history of a murder
  2. 2 Whether the answer to question 13 on the Seller's Property Information Form constituted a misrepresentation or negligent misrepresentation
  3. 3 Whether any misrepresentation provided a cause of action for damages

Ratio Decidendi

The vendors were not under a legal duty to disclose the murder; question 13 of the Seller's Property Information Form required only an honest answer, not one based on reasonable grounds; as the answer was honestly given, there was no misrepresentation or negligence, and thus no liability for damages.

Court Disposition

Appeal dismissed; cross-appeal dismissed; permission to appeal to House of Lords refused.

Orders

  • Appellants to pay respondents' costs of the appeal and cross-appeal, subject to detailed assessment on the standard basis.