Burnford & Ors v Automobile Association Developments Ltd [2022] EWCA Civ 1943 (14 November 2022)

Burnford & Ors v Automobile Association Developments Ltd [2022] EWCA Civ 1943 (14 November 2022)

The claimants' claims are entirely barred by the reflective loss principle because their alleged losses are a consequence of Motoriety's failure, for which Motoriety itself would have had a cause of action against AAD; the Settlement Agreement prevents Mr Astley from pursuing claims not specifically referenced in the pre-action letter.

Citation
[2022] EWCA Civ 1943
Parties
Claimant/appellant: Lucy Burnford; Claimant/appellant: Oliver Astley; Claimant/appellant: Giles Fitzpatrick; Claimant/appellant: Michael Symons; Claimant/appellant: Kevin Gaskell; Defendant/respondent: Automobile Association Developments Limited
Jurisdiction
England and Wales
Judgment Date
14 November 2022
Procedural Posture
Appeal / Judgment on Appeal From High Court, Strike Out Application
Outcome
Appeal dismissed
Legal Topics
Reflective Loss Principle, Misrepresentation, Breach of Contract, Shareholder Claims, Settlement Agreements
Company Law Contract Law Tort Law Reflective Loss Principle Misrepresentation Breach of Contract Shareholder Claims Settlement Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lucy Burnford

Claimant/appellant

Oliver Astley

Claimant/appellant

Giles Fitzpatrick

Claimant/appellant

Michael Symons

Claimant/appellant

Kevin Gaskell

Claimant/appellant

Automobile Association Developments Limited

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court, Strike Out Application

Legal Issues

  1. 1 Whether the claimants' claims are barred by the reflective loss principle
  2. 2 Whether the Settlement Agreement prevents Mr Astley from pursuing claims

Ratio Decidendi

The claimants' claims are entirely barred by the reflective loss principle because their alleged losses are a consequence of Motoriety's failure, for which Motoriety itself would have had a cause of action against AAD; the Settlement Agreement prevents Mr Astley from pursuing claims not specifically referenced in the pre-action letter.

Court Disposition

Appeal dismissed

Orders

  • Claim struck out in its entirety
  • No leave to pursue claims barred by Settlement Agreement