Shill Properties Ltd v Bunch [2021] EWHC 2142 (Ch) (05 August 2021)

Shill Properties Ltd v Bunch [2021] EWHC 2142 (Ch) (05 August 2021)

The claimant failed to demonstrate that the defendant had no real prospect of defending the claim, as the misrepresentation defence raised triable issues both as to the factual basis of the alleged misrepresentation and the applicability and reasonableness of the non-reliance clause. The court was entitled to consider the defence based on the evidence, even though it was not formally pleaded, and summary judgment was therefore inappropriate.

Citation
[2021] EWHC 2142 (Ch)
Parties
Claimant: Shill Properties Limited; Defendant: Anne Bunch
Jurisdiction
England and Wales
Judgment Date
05 August 2021
Procedural Posture
Civil Property/contract / Summary Judgment Application by Claimant
Outcome
Application for summary judgment dismissed
Legal Topics
Summary Judgment, Misrepresentation, Contractual Estoppel, Non Reliance Clauses, Unfair Contract Terms Act 1977, Specific Performance
Contract Law Property Law Summary Judgment Misrepresentation Contractual Estoppel Non Reliance Clauses Unfair Contract Terms Act 1977 Specific Performance

Case Brief

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Parties

Shill Properties Limited

Claimant

Anne Bunch

Defendant

Procedural Posture

Civil Property/contract / Summary Judgment Application by Claimant

Legal Issues

  1. 1 Whether the defendant can rely on a new misrepresentation defence without a formal application to amend the defence
  2. 2 Whether the misrepresentation defence has a real prospect of success
  3. 3 Whether the defendant is contractually estopped from raising the misrepresentation defence by virtue of a non-reliance clause

Ratio Decidendi

The claimant failed to demonstrate that the defendant had no real prospect of defending the claim, as the misrepresentation defence raised triable issues both as to the factual basis of the alleged misrepresentation and the applicability and reasonableness of the non-reliance clause. The court was entitled to consider the defence based on the evidence, even though it was not formally pleaded, and summary judgment was therefore inappropriate.

Court Disposition

Application for summary judgment dismissed