Nicola McKenzie v Creation Consumer Finance Limited

Nicola McKenzie v Creation Consumer Finance Limited

The judge was entitled to find, on the evidence, that the sale price of the property was increased by the inclusion of the solar panels and to use the Hodgson calculation as a proxy for the value of that increase. The judge gave adequate reasons for his decision, did not err in law or fact, and did not make a finding of failure to mitigate. The appeal is dismissed.

Parties
Claimant and Appellant: Nicola McKenzie; Defendant and Respondent: Creation Consumer Finance Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Misrepresentation, Damages, Mitigation of Loss, Consumer Credit, Valuation of Property
Contract Law Consumer Protection Tort Law Misrepresentation Damages Mitigation of Loss Consumer Credit Valuation of Property

Case Brief

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Parties

Nicola McKenzie

Claimant and Appellant

Creation Consumer Finance Limited

Defendant and Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge gave adequate reasons for his decision regarding credit for future benefits from solar panels
  2. 2 Whether the judge was correct in finding that the sale price of the property was increased by the presence of solar panels
  3. 3 Whether the judge erred in law or fact in his assessment of damages and mitigation

Ratio Decidendi

The judge was entitled to find, on the evidence, that the sale price of the property was increased by the inclusion of the solar panels and to use the Hodgson calculation as a proxy for the value of that increase. The judge gave adequate reasons for his decision, did not err in law or fact, and did not make a finding of failure to mitigate. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment of the County Court at Cardiff upheld.