Michael Griffiths & Anor v Clifton Earl Gilbert

Michael Griffiths & Anor v Clifton Earl Gilbert

The court found that Mr Gilbert did not represent that CEG would obtain NHBC cover for the full build costs or £2 million. The only representations made were that CEG was NHBC registered, would build to NHBC standards, and would obtain standard NHBC Buildmark cover (£1 million). The figures in the draft costings and valuations were not representations as to the level of cover. No fraudulent misrepresentation was made, and Mr Gilbert is not personally liable.

Parties
Claimant: Michael Griffiths; Claimant: Margurite Griffiths; Defendant: Clifton Earl Gilbert
Jurisdiction
England and Wales
Judgment Date
06 December 2022
Procedural Posture
Civil Tort (deceit/fraudulent Misrepresentation) / Judgment on Liability Only
Outcome
Claim dismissed
Legal Topics
Fraudulent Misrepresentation, Deceit, Construction Contracts, NHBC Warranty, Personal Liability of Directors, Pleading and Particulars
Tort Contract Fraudulent Misrepresentation Deceit Construction Contracts NHBC Warranty Personal Liability of Directors Pleading and Particulars

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Parties

Michael Griffiths

Claimant

Margurite Griffiths

Claimant

Clifton Earl Gilbert

Defendant

Procedural Posture

Civil Tort (deceit/fraudulent Misrepresentation) / Judgment on Liability Only

Legal Issues

  1. 1 What representations did the Defendant make to the Claimants regarding NHBC cover?
  2. 2 Were these representations false and made fraudulently?
  3. 3 Is the Defendant personally liable for these representations?

Ratio Decidendi

The court found that Mr Gilbert did not represent that CEG would obtain NHBC cover for the full build costs or £2 million. The only representations made were that CEG was NHBC registered, would build to NHBC standards, and would obtain standard NHBC Buildmark cover (£1 million). The figures in the draft costings and valuations were not representations as to the level of cover. No fraudulent misrepresentation was made, and Mr Gilbert is not personally liable.

Court Disposition

Claim dismissed