Roder UK Ltd v West & Anor [2011] EWCA Civ 1126 (12 October 2011)

Roder UK Ltd v West & Anor [2011] EWCA Civ 1126 (12 October 2011)

Section 6 of the Statute of Frauds (Amendment) Act 1828 applies only to representations made with the intent that another person may obtain money or goods upon credit. The directors' representations were not made with such intent, as Titan had already obtained goods and no further supply was contemplated. Therefore, the directors cannot rely on section 6 to avoid liability for deceit.

Citation
[2011] EWCA Civ 1126
Parties
Respondent/claimant: RODER UK LIMITED; Appellant/defendant: ANTHONY JULIAN WEST; Appellant/defendant: DAVID MARTIN PHILLIPS
Jurisdiction
England and Wales
Judgment Date
12 October 2011
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Statute of Frauds, Deceit, Fraudulent Misrepresentation, Guarantees, Retention of Title
Contract Law Tort Law Statute of Frauds Deceit Fraudulent Misrepresentation Guarantees Retention of Title

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Parties

RODER UK LIMITED

Respondent/claimant

ANTHONY JULIAN WEST

Appellant/defendant

DAVID MARTIN PHILLIPS

Appellant/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether oral representations by directors fall within section 6 of the Statute of Frauds (Amendment) Act 1828
  2. 2 Whether the directors' representations were made with the intent that Titan should obtain credit, money, or goods upon credit
  3. 3 Liability for deceit based on fraudulent representations

Ratio Decidendi

Section 6 of the Statute of Frauds (Amendment) Act 1828 applies only to representations made with the intent that another person may obtain money or goods upon credit. The directors' representations were not made with such intent, as Titan had already obtained goods and no further supply was contemplated. Therefore, the directors cannot rely on section 6 to avoid liability for deceit.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment for Roder UK Limited against the directors for £6,500 stands