Ali & Ors v Abbeyfield VE Ltd [2018] EWHC 669 (Ch) (27 March 2018)

Ali & Ors v Abbeyfield VE Ltd [2018] EWHC 669 (Ch) (27 March 2018)

The defendant, through its agent, made false representations about store performance and location, knowing them to be false or recklessly disregarding their truth, intending the claimants to rely on them. The claimants did rely on these representations when entering the joint venture agreements and suffered loss as...

Source-derived case information.

Citation
[2018] EWHC 669 (Ch)
Parties
Claimant: Colin Ali; Claimant: Melanie Davis; Claimant: Owain Golding; Claimant: Ian McGreavy; Defendant: Abbeyfield V. E. Limited
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Civil Misrepresentation (contract/commercial) / High Court Trial Judgment
Outcome
Claims for fraudulent misrepresentation succeed; counterclaims dismissed.
Legal Topics
Fraudulent Misrepresentation, Negligent Misrepresentation, Joint Venture Agreements, Guarantees, Inducement, Remedies for Misrepresentation
Contract Law Tort Law Commercial Law Fraudulent Misrepresentation Negligent Misrepresentation Joint Venture Agreements Guarantees Inducement +1 more

Source-derived case record

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 5 Authorities cited 16 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Colin Ali

Claimant

Melanie Davis

Claimant

Owain Golding

Claimant

Ian McGreavy

Claimant

Abbeyfield V. E. Limited

Defendant

Procedural Posture

Civil Misrepresentation (contract/commercial) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendant made fraudulent or negligent misrepresentations to induce the claimants to enter into joint venture agreements
  2. 2 Whether the claimants relied on those misrepresentations
  3. 3 Whether contractual disclaimers or entire agreement clauses defeat the claims

Ratio Decidendi

The defendant, through its agent, made false representations about store performance and location, knowing them to be false or recklessly disregarding their truth, intending the claimants to rely on them. The claimants did rely on these representations when entering the joint venture agreements and suffered loss as a result. Contractual disclaimers did not exclude liability for fraud. The claims for fraudulent misrepresentation succeed and the counterclaims on the guarantees fail.

Court Disposition

Claims for fraudulent misrepresentation succeed; counterclaims dismissed.

Orders

  • Judgment for the claimants on their claims for fraudulent misrepresentation.
  • Defendant's counterclaims on guarantees dismissed.