Butler- Creagh v AIDA Hersham

Butler- Creagh v AIDA Hersham

No oral agreement for a £5m fee was concluded between Butler-Creagh and Hersham; Butler-Creagh's evidence was not credible and was unsupported by contemporaneous documents or reliable witnesses. Cherrilow was induced to purchase Fawley Court by Butler-Creagh's fraudulent misrepresentations as to his exclusivity,...

Source-derived case information.

Parties
Claimant/defendant: Richard Butler-Creagh; Defendant: Aida Hersham; Claimant: Cherrilow Limited
Jurisdiction
England and Wales
Judgment Date
06 October 2011
Procedural Posture
Civil / Judgment After Trial
Outcome
Cherrilow's claim in deceit against Butler-Creagh succeeds; Butler-Creagh's claims against Hersham and Cherrilow are dismissed.
Legal Topics
Deceit, Fraudulent Misrepresentation, Quantum Meruit, Unjust Enrichment, Damages
Contract Law Tort Law Equity Deceit Fraudulent Misrepresentation Quantum Meruit Unjust Enrichment Damages

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Parties

Richard Butler-Creagh

Claimant/defendant

Aida Hersham

Defendant

Cherrilow Limited

Claimant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether an oral agreement for a £5m fee was concluded between Butler-Creagh and Hersham on 19 October 2008
  2. 2 Whether Cherrilow was induced to purchase Fawley Court by fraudulent misrepresentations by Butler-Creagh
  3. 3 Whether Butler-Creagh is entitled to a quantum meruit against Cherrilow or Hersham

Ratio Decidendi

No oral agreement for a £5m fee was concluded between Butler-Creagh and Hersham; Butler-Creagh's evidence was not credible and was unsupported by contemporaneous documents or reliable witnesses. Cherrilow was induced to purchase Fawley Court by Butler-Creagh's fraudulent misrepresentations as to his exclusivity, financial means, and the value and prospects of the property. Cherrilow is entitled to damages for deceit, being the difference between the price paid and the true value, plus certain consequential losses. Butler-Creagh's quantum meruit claims fail as there was no unjust enrichment of Cherrilow or Hersham.

Court Disposition

Cherrilow's claim in deceit against Butler-Creagh succeeds; Butler-Creagh's claims against Hersham and Cherrilow are dismissed.

Orders

  • Judgment for Cherrilow against Butler-Creagh for damages to be assessed as the difference between the price paid and the true value of Fawley Court as at 10 December 2008, plus certain consequential losses.
  • Butler-Creagh's claim against Hersham for £5m and his quantum meruit claims against both Hersham and Cherrilow are dismissed.