Barclay-Watt & Ors v Alpha Panareti Public Ltd & Ors [2021] EWHC 1327 (Comm) (08 June 2021)

Barclay-Watt & Ors v Alpha Panareti Public Ltd & Ors [2021] EWHC 1327 (Comm) (08 June 2021)

The Defendants are not liable for the main representation regarding lettability, as the properties were substantially lettable to the majority of the tourist market (UK/EU), and any technical limitations did not materially affect the inducement or decision to contract. The agents and sub-agents were acting with the authority of the Defendants in making the representations. The claims in respect of the drawdown system and mortgage scheme representations were not established on the evidence. Liability for misrepresentation or negligent advice was not made out on the facts found.

Citation
[2021] EWHC 1327 (Comm)
Parties
Claimants: Andrew James Barclay-Watt & Others; First Defendant: Alpha Panareti Public Limited; Second Defendant: Andreas Ioannou & Others
Jurisdiction
England and Wales
Judgment Date
08 June 2021
Procedural Posture
Commercial Court Claim for Misrepresentation and Negligent Advice / Judgment on Liability; Quantification of Loss Reserved for Further Hearing
Outcome
Claims dismissed on liability; quantification of loss reserved for further hearing.
Legal Topics
Misrepresentation, Negligent Misstatement, Agency, Cross Border Property Investment, Jurisdiction, Exemption Clauses
Contract Law Tort Law Property Law Consumer Protection Misrepresentation Negligent Misstatement Agency Cross Border Property Investment +2 more

Case Brief

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Parties

Andrew James Barclay-Watt & Others

Claimants

Alpha Panareti Public Limited

First Defendant

Andreas Ioannou & Others

Second Defendant

Procedural Posture

Commercial Court Claim for Misrepresentation and Negligent Advice / Judgment on Liability; Quantification of Loss Reserved for Further Hearing

Legal Issues

  1. 1 Whether the Defendants are liable for misrepresentation and/or negligent advice in relation to the sale of Cypriot properties to UK purchasers
  2. 2 Whether the representations made by agents/sub-agents were authorised by the Defendants
  3. 3 Whether the properties were in fact lettable as represented

Ratio Decidendi

The Defendants are not liable for the main representation regarding lettability, as the properties were substantially lettable to the majority of the tourist market (UK/EU), and any technical limitations did not materially affect the inducement or decision to contract. The agents and sub-agents were acting with the authority of the Defendants in making the representations. The claims in respect of the drawdown system and mortgage scheme representations were not established on the evidence. Liability for misrepresentation or negligent advice was not made out on the facts found.

Court Disposition

Claims dismissed on liability; quantification of loss reserved for further hearing.

Orders

  • All claims for misrepresentation and negligent advice against the Defendants are dismissed.
  • Questions of quantification of loss are reserved for a further hearing.