Choi v Park & Anor [2019] EWHC 3191 (QB) (26 November 2019)

Choi v Park & Anor [2019] EWHC 3191 (QB) (26 November 2019)

Mr Park made false representations about the lease term and landlord's consent, which induced Mr Choi to enter the agreement and suffer loss. Mr Choi did not know the agreement was unlawful at the time. The misrepresentation claim against Mr Park is made out. There is insufficient evidence to establish Ms Park's involvement in an unlawful means conspiracy.

Citation
[2019] EWHC 3191
Parties
Claimant: Mr Chong Sung Choi; First Defendant: Mr Chan Mok Park; Second Defendant: Ms Sook Kyung Park
Jurisdiction
England and Wales
Judgment Date
26 November 2019
Procedural Posture
Civil / High Court Trial Judgment
Outcome
Claim for misrepresentation against Mr Park succeeds; claim for unlawful means conspiracy against Ms Park fails.
Legal Topics
Misrepresentation, Breach of Contract, Unlawful Means Conspiracy, Leasehold Assignment, Restitution, Fraudulent Misrepresentation
Contract Law Tort Law Property Law Misrepresentation Breach of Contract Unlawful Means Conspiracy Leasehold Assignment Restitution +1 more

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Parties

Mr Chong Sung Choi

Claimant

Mr Chan Mok Park

First Defendant

Ms Sook Kyung Park

Second Defendant

Procedural Posture

Civil / High Court Trial Judgment

Legal Issues

  1. 1 Did Mr Choi know the agreement was unlawful due to lack of landlord's consent?
  2. 2 Was there fraudulent misrepresentation by Mr Park?
  3. 3 Was there an unlawful means conspiracy involving Ms Park?

Ratio Decidendi

Mr Park made false representations about the lease term and landlord's consent, which induced Mr Choi to enter the agreement and suffer loss. Mr Choi did not know the agreement was unlawful at the time. The misrepresentation claim against Mr Park is made out. There is insufficient evidence to establish Ms Park's involvement in an unlawful means conspiracy.

Court Disposition

Claim for misrepresentation against Mr Park succeeds; claim for unlawful means conspiracy against Ms Park fails.

Orders

  • Mr Park to pay damages to Mr Choi for misrepresentation under s.2(1) Misrepresentation Act 1967.
  • Claim against Ms Park dismissed.