Morgan & Anor v Pooley & Anor [2010] EWHC 2447 (QB) (07 October 2010)

Morgan & Anor v Pooley & Anor [2010] EWHC 2447 (QB) (07 October 2010)

The court found that the defendants were not aware of the planning application for the new drive at the relevant time and did not receive the council's notification letter. Therefore, their negative answer to the SPIF was not a misrepresentation or breach of contract. Even if there had been liability, the appropriate measure of damages would have been the diminution in value, assessed at £35,000, not the higher figure claimed by the claimants.

Citation
[2010] EWHC 2447
Parties
Claimant: Nicholas Lee Morgan; Claimant: Dinah Alison Morgan; Defendant: Alan Raymond Pooley; Defendant: Ann Elsie Pooley
Jurisdiction
England and Wales
Judgment Date
07 October 2010
Procedural Posture
Civil Misrepresentation/breach of Contract / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Misrepresentation, Breach of Contract, Damages, Conveyancing, Planning Permission, Diminution in Value
Property Law Contract Law Tort Law Misrepresentation Breach of Contract Damages Conveyancing Planning Permission +1 more

Case Brief

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Parties

Nicholas Lee Morgan

Claimant

Dinah Alison Morgan

Claimant

Alan Raymond Pooley

Defendant

Ann Elsie Pooley

Defendant

Procedural Posture

Civil Misrepresentation/breach of Contract / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendants were aware of the planning application for a new drive prior to sale
  2. 2 Whether the defendants' negative answer to the SPIF question amounted to misrepresentation and/or breach of contract
  3. 3 Whether the claimants are precluded from relying on the SPIF answer by the terms of the contract

Ratio Decidendi

The court found that the defendants were not aware of the planning application for the new drive at the relevant time and did not receive the council's notification letter. Therefore, their negative answer to the SPIF was not a misrepresentation or breach of contract. Even if there had been liability, the appropriate measure of damages would have been the diminution in value, assessed at £35,000, not the higher figure claimed by the claimants.

Court Disposition

Claim dismissed

Orders

  • Claim for damages for misrepresentation and/or breach of contract dismissed
  • No order as to damages