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

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

A claimant in fraudulent misrepresentation is not entitled to recover losses resulting from its own commercial misjudgement or over-optimism unrelated to the fraud; only losses directly flowing from the transaction induced by the fraud are recoverable, subject to mitigation and excluding losses factored into the...

Source-derived case information.

Parties
Claimant: Glossop Cartons and Print Limited; Claimant: Brian Sidebottom; Claimant: Jacqueline Cameron Sidebottom-Every; Claimant: Jillian Cameron Woodacre; Claimant: Raymond Joseph Partnership; Defendant: Contact (Print & Packaging) Limited; Defendant: Philip Smith; Defendant: Embark Pensions Trustees Limited
Jurisdiction
England and Wales
Judgment Date
09 March 2020
Procedural Posture
Civil / Damages Quantification After Liability Judgment
Outcome
Judgment for claimants in part; damages awarded for certain heads of loss, others disallowed.
Legal Topics
Fraudulent Misrepresentation, Damages, Breach of Warranty, Mitigation of Loss
Commercial Law Contract Law Tort Law Fraudulent Misrepresentation Damages Breach of Warranty Mitigation of Loss

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Parties

Glossop Cartons and Print Limited

Claimant

Brian Sidebottom

Claimant

Jacqueline Cameron Sidebottom-Every

Claimant

Jillian Cameron Woodacre

Claimant

Raymond Joseph Partnership

Claimant

Contact (Print & Packaging) Limited

Defendant

Philip Smith

Defendant

Embark Pensions Trustees Limited

Defendant

Procedural Posture

Civil / Damages Quantification After Liability Judgment

Legal Issues

  1. 1 Measure and quantification of damages for fraudulent misrepresentation
  2. 2 Recoverability of losses from commercial misjudgement unrelated to fraud
  3. 3 Assessment of damages for breach of warranty

Ratio Decidendi

A claimant in fraudulent misrepresentation is not entitled to recover losses resulting from its own commercial misjudgement or over-optimism unrelated to the fraud; only losses directly flowing from the transaction induced by the fraud are recoverable, subject to mitigation and excluding losses factored into the purchase price.

Court Disposition

Judgment for claimants in part; damages awarded for certain heads of loss, others disallowed.

Orders

  • Glossop awarded £21,277 for Bramhall warranty claim against Contact.
  • Raymond Joseph Partnership awarded £32,700 for breach of warranty/representation in Lease Sale Agreement for Unit 3 against second and third defendants.