Griffiths & Anor v Gilbert [2022] EWHC 3122 (TCC) (06 December 2022)

Griffiths & Anor v Gilbert [2022] EWHC 3122 (TCC) (06 December 2022)

The court found that the Defendant did not make a fraudulent representation that NHBC cover would be for the full build costs of £2 million. The evidence did not establish that Mr Gilbert represented or intended to represent that cover would exceed the standard £1 million NHBC Buildmark policy. The figures in the...

Source-derived case information.

Citation
[2022] EWHC 3122 (TCC)
Parties
Claimant: Michael Griffiths; Claimant: Margurite Griffiths; Defendant: Clifton Earl Gilbert
Jurisdiction
England and Wales
Judgment Date
06 December 2022
Procedural Posture
Fraudulent Misrepresentation (deceit) Claim / Trial of Liability Only
Outcome
Claim dismissed
Legal Topics
Fraudulent Misrepresentation, Deceit, Personal Liability of Directors, NHBC Warranty, Pleading Requirements
Tort Construction Law Contract Law Fraudulent Misrepresentation Deceit Personal Liability of Directors NHBC Warranty Pleading Requirements

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Michael Griffiths

Claimant

Margurite Griffiths

Claimant

Clifton Earl Gilbert

Defendant

Procedural Posture

Fraudulent Misrepresentation (deceit) Claim / Trial of Liability Only

Legal Issues

  1. 1 What representations did the Defendant make to the Claimants in relation to the provision of 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 the Defendant did not make a fraudulent representation that NHBC cover would be for the full build costs of £2 million. The evidence did not establish that Mr Gilbert represented or intended to represent that cover would exceed the standard £1 million NHBC Buildmark policy. The figures in the costings did not amount to such a representation, and the Claimants did not reasonably rely on any such representation. The Defendant is not personally liable in deceit.

Court Disposition

Claim dismissed

Orders

  • Claim for fraudulent misrepresentation against the Defendant is dismissed.