Wickens v Cheval Property Developments Ltd

Wickens v Cheval Property Developments Ltd

In the absence of fraudulent misrepresentation, the contract expressions 'the Property' and 'fixtures and fittings' refer to the state at the date of exchange, not at inspection; if fraud is proven, Taylor v Hamer reasoning may apply and the Buyer may be entitled to the fixtures and fittings as inspected.

Parties
Claimant: David Peter Wickens; Defendant: Cheval Property Developments Limited
Jurisdiction
England and Wales
Judgment Date
08 September 2010
Procedural Posture
Civil / Preliminary Issue Trial; Directions for Further Pleadings and Trial
Outcome
No final ruling on construction issue; directions for further pleadings and trial as Part 7 claim
Legal Topics
Construction of Contract, Fixtures and Fittings, Fraudulent Misrepresentation, Sale of Property
Contract Law Property Law Construction of Contract Fixtures and Fittings Fraudulent Misrepresentation Sale of Property

Case Brief

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Parties

David Peter Wickens

Claimant

Cheval Property Developments Limited

Defendant

Procedural Posture

Civil / Preliminary Issue Trial; Directions for Further Pleadings and Trial

Legal Issues

  1. 1 Whether the Buyer contracted to buy fixtures and fittings removed from the Property before exchange of contracts
  2. 2 Whether the expressions 'the Property' and 'fixtures and fittings' refer to the state at inspection or at exchange
  3. 3 Effect of fraudulent misrepresentation on contract construction

Ratio Decidendi

In the absence of fraudulent misrepresentation, the contract expressions 'the Property' and 'fixtures and fittings' refer to the state at the date of exchange, not at inspection; if fraud is proven, Taylor v Hamer reasoning may apply and the Buyer may be entitled to the fixtures and fittings as inspected.

Court Disposition

No final ruling on construction issue; directions for further pleadings and trial as Part 7 claim

Orders

  • Buyer permitted to advance case of fraud
  • Directions for preparation of Points of Claim