Care Tree Invest 2 Ltd v Alexander Edward Alan Bell

Care Tree Invest 2 Ltd v Alexander Edward Alan Bell

Non-disclosure of CQC enforcement and downgrade constituted fraudulent misrepresentation and breach of warranty; damages assessed as difference between price paid for Elmwood House (£9,518,089) and its bricks and mortar value (£1,665,666), plus £750,000 for risk to other homes, totalling £8,602,423.

Parties
Claimant: Care Tree Invest 2 Ltd; Defendant: Alexander Edward Alan Bell
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Commercial / Trial on Quantum
Outcome
Judgment for Claimant
Legal Topics
Misrepresentation, Breach of Warranty, Fraudulent Non Disclosure, Damages Assessment
Contract Law Tort Law Commercial Law Misrepresentation Breach of Warranty Fraudulent Non Disclosure Damages Assessment

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Parties

Care Tree Invest 2 Ltd

Claimant

Alexander Edward Alan Bell

Defendant

Procedural Posture

Commercial / Trial on Quantum

Legal Issues

  1. 1 Whether non-disclosure of CQC enforcement and rating constituted breach of warranty and misrepresentation
  2. 2 Appropriate measure of damages for fraudulent misrepresentation and breach of warranty
  3. 3 Valuation of shares and assets affected by regulatory action

Ratio Decidendi

Non-disclosure of CQC enforcement and downgrade constituted fraudulent misrepresentation and breach of warranty; damages assessed as difference between price paid for Elmwood House (£9,518,089) and its bricks and mortar value (£1,665,666), plus £750,000 for risk to other homes, totalling £8,602,423.

Court Disposition

Judgment for Claimant

Orders

  • Damages awarded to Care Tree Invest 2 Ltd in the sum of £8,602,423