Sear v Kingfisher Builders (a firm) (No 3) (Rev 1) [2013] EWHC 21 (TCC) (15 January 2013)

Sear v Kingfisher Builders (a firm) (No 3) (Rev 1) [2013] EWHC 21 (TCC) (15 January 2013)

Kingfisher Builders repudiated the contract by unjustified abandonment, entitling Mr Sear to damages for overpayment and completion costs. Mrs Whale, as partner and for fraudulent misrepresentation, is liable for all losses directly flowing from the inducement, including forced sale, increased borrowing, and associated costs.

Citation
[2013] EWHC 21 (TCC)
Parties
Part 20 Claimant: Mr Christopher Sear; First Part 20 Defendant: Kingfisher Builders; Second Part 20 Defendant: Francine Whale
Jurisdiction
England and Wales
Judgment Date
15 January 2013
Procedural Posture
Technology and Construction Court Claim / Quantum Determination Following Liability Judgments
Outcome
Judgment for Mr Sear against Kingfisher Builders and Mrs Whale for specified damages and interest.
Legal Topics
Repudiation of Contract, Fraudulent Misrepresentation, Damages Assessment, Interest on Damages
Contract Law Tort Law Construction Law Repudiation of Contract Fraudulent Misrepresentation Damages Assessment Interest on Damages

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Parties

Mr Christopher Sear

Part 20 Claimant

Kingfisher Builders

First Part 20 Defendant

Francine Whale

Second Part 20 Defendant

Procedural Posture

Technology and Construction Court Claim / Quantum Determination Following Liability Judgments

Legal Issues

  1. 1 Whether Kingfisher Builders repudiated the contract and quantum of damages
  2. 2 Whether Mrs Whale was liable for fraudulent misrepresentation and quantum of damages

Ratio Decidendi

Kingfisher Builders repudiated the contract by unjustified abandonment, entitling Mr Sear to damages for overpayment and completion costs. Mrs Whale, as partner and for fraudulent misrepresentation, is liable for all losses directly flowing from the inducement, including forced sale, increased borrowing, and associated costs.

Court Disposition

Judgment for Mr Sear against Kingfisher Builders and Mrs Whale for specified damages and interest.

Orders

  • Kingfisher Builders to pay Mr Sear £81,054.44 including interest up to 15 January 2013.
  • Mrs Whale to pay Mr Sear £295,378.37 including interest up to 15 January 2013.