Toner v Telford Homes Ltd & Ors

Toner v Telford Homes Ltd & Ors

The court held that the claims for negligent and statutory misrepresentation, rescission, breach of contract against Telford Homes Limited and Avantgarde (except as to service charges), breach of contract against Rendall & Rittner, breach of duty of care for negative failures (except as to the Air Conditioning Unit), and defamation should be struck out or determined summarily against the claimant. The claims for fraudulent misrepresentation (subject to repleading), breach of contract against Bishopsgate, direct service charge claims against Avantgarde, and harassment (against all relevant defendants) were not struck out or summarily determined, as they disclosed triable issues. The court...

Parties
Claimant: Paul John Toner; First Defendant (high Court Claim): Telford Homes Limited; Second Defendant (high Court Claim): Bishopsgate Apartments LLP; Third Defendant (high Court Claim): Avantgarde – BGR Management Limited; Fourth Defendant (high Court Claim and Second Defendant County Court Claim): Rendall and Rittner Limited; Fifth Defendant (high Court Claim): Estates and Management Limited; Sixth Defendant (high Court Claim): Brigante Properties Limited; First Defendant (county Court Claim): Kyriacos Prodromou
Jurisdiction
England and Wales
Judgment Date
05 March 2021
Procedural Posture
Civil (high Court and County Court Claims Consolidated) / Ruling on Strike Out and Summary Judgment Applications Pre Trial
Outcome
Partial strike-out and summary judgment granted; certain claims to proceed to trial subject to repleading and case management.
Legal Topics
Misrepresentation, Fraud, Breach of Contract, Harassment, Defamation, Negligence, Limitation of Actions, Service Charges, Summary Judgment, Strike Out
Contract Law Tort Law Landlord and Tenant Civil Procedure Misrepresentation Fraud Breach of Contract Harassment +6 more

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Parties

Paul John Toner

Claimant

Telford Homes Limited

First Defendant (high Court Claim)

Bishopsgate Apartments LLP

Second Defendant (high Court Claim)

Avantgarde – BGR Management Limited

Third Defendant (high Court Claim)

Rendall and Rittner Limited

Fourth Defendant (high Court Claim and Second Defendant County Court Claim)

Estates and Management Limited

Fifth Defendant (high Court Claim)

Brigante Properties Limited

Sixth Defendant (high Court Claim)

Kyriacos Prodromou

First Defendant (county Court Claim)

Procedural Posture

Civil (high Court and County Court Claims Consolidated) / Ruling on Strike Out and Summary Judgment Applications Pre Trial

Legal Issues

  1. 1 Whether the claims for misrepresentation, breach of contract, harassment, defamation, and negligence should be struck out or determined summarily against the claimant.
  2. 2 Whether the claims are time-barred under the Limitation Act 1980 or subject to extension for fraud or deliberate concealment.
  3. 3 Whether the pleadings disclose reasonable grounds for the causes of action advanced, particularly in fraud and harassment.

Ratio Decidendi

The court held that the claims for negligent and statutory misrepresentation, rescission, breach of contract against Telford Homes Limited and Avantgarde (except as to service charges), breach of contract against Rendall & Rittner, breach of duty of care for negative failures (except as to the Air Conditioning Unit), and defamation should be struck out or determined summarily against the claimant. The claims for fraudulent misrepresentation (subject to repleading), breach of contract against Bishopsgate, direct service charge claims against Avantgarde, and harassment (against all relevant defendants) were not struck out or summarily determined, as they disclosed triable issues. The court...

Court Disposition

Partial strike-out and summary judgment granted; certain claims to proceed to trial subject to repleading and case management.

Orders

  • Claims for negligent and statutory misrepresentation, rescission, breach of contract against Telford Homes Limited and Avantgarde (except as to service charges), breach of contract against Rendall & Rittner, breach of duty of care for negative failures (except as to the Air Conditioning Unit), and defamation are...
  • Claims for fraudulent misrepresentation (subject to repleading), breach of contract against Bishopsgate, direct service charge claims against Avantgarde, and harassment are not struck out or summarily determined and may proceed.