Glossop Cartons and Print Ltd & Ors v Contact (Print and Packaging) Ltd & Ors

Glossop Cartons and Print Ltd & Ors v Contact (Print and Packaging) Ltd & Ors

The defendants, through Mr Smith, made a fraudulent misrepresentation by failing to disclose a binding undertaking to disconnect the electricity supply to Unit 3, and by giving a misleading impression in pre-contractual correspondence and replies to enquiries. This misrepresentation was material, intended to induce, and did induce the claimants to enter into the transactions. The claimants are entitled to damages for all losses directly flowing from the transaction, subject to their duty to mitigate. The claims in relation to the electricity power and fencing representations fail, as does any claim for breach of warranty regarding the fence. The claimants are also entitled to a...

Parties
Claimant: Glossop Cartons and Print Limited; Claimant: Brian Sidebottom; Claimant: Jacqueline Cameron Sidebottom-Every; Claimant: Jillian Cameron Woodacre; Defendant: Contact (Print and Packaging) Limited; Defendant: Philip Smith; Defendant: Liberty Trustees Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2019
Procedural Posture
Civil (commercial/chancery) / Trial Judgment on Liability and Principles of Damages
Outcome
Claim in fraudulent misrepresentation (deceit) succeeds in relation to the electricity supply and flooding representations; fails in relation to the electricity power and fencing representations. Claimants entitled to damages and contractual indemnity for Brammall claim. Quantum to be determined at a further hearing.
Legal Topics
Fraudulent Misrepresentation, Negligent Misrepresentation, Breach of Warranty, Indemnity, Damages Assessment
Contract Law Tort Law Commercial Law Fraudulent Misrepresentation Negligent Misrepresentation Breach of Warranty Indemnity Damages Assessment

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Parties

Glossop Cartons and Print Limited

Claimant

Brian Sidebottom

Claimant

Jacqueline Cameron Sidebottom-Every

Claimant

Jillian Cameron Woodacre

Claimant

Contact (Print and Packaging) Limited

Defendant

Philip Smith

Defendant

Liberty Trustees Limited

Defendant

Procedural Posture

Civil (commercial/chancery) / Trial Judgment on Liability and Principles of Damages

Legal Issues

  1. 1 Whether the defendants made fraudulent or negligent misrepresentations regarding the electricity supply, flooding, and fencing affecting Units 3, 4, and 5;
  2. 2 Whether there was breach of warranty and entitlement to indemnity under the sale agreements;
  3. 3 Whether the claimants are entitled to damages and/or indemnity for losses flowing from the transaction, including consequential losses.

Ratio Decidendi

The defendants, through Mr Smith, made a fraudulent misrepresentation by failing to disclose a binding undertaking to disconnect the electricity supply to Unit 3, and by giving a misleading impression in pre-contractual correspondence and replies to enquiries. This misrepresentation was material, intended to induce, and did induce the claimants to enter into the transactions. The claimants are entitled to damages for all losses directly flowing from the transaction, subject to their duty to mitigate. The claims in relation to the electricity power and fencing representations fail, as does any claim for breach of warranty regarding the fence. The claimants are also entitled to a...

Court Disposition

Claim in fraudulent misrepresentation (deceit) succeeds in relation to the electricity supply and flooding representations; fails in relation to the electricity power and fencing representations. Claimants entitled to damages and contractual indemnity for Brammall claim. Quantum to be determined at a further hearing.

Orders

  • Declaration of liability for fraudulent misrepresentation regarding electricity supply and flooding representations.
  • Declaration of entitlement to damages for losses directly flowing from the transaction, subject to mitigation.