Ticketus LLP & Anor v Whyte & Ors

Ticketus LLP & Anor v Whyte & Ors

The appeal was dismissed because the representations were made to the Committee for the benefit of whichever Ticketus entity provided funds, the misrepresentation was material and induced the contract, there was no real prospect of rebutting the presumption of inducement, and there was no other compelling reason for a trial.

Parties
Claimant: Ticketus LLP; Claimant: Ticketus 2 LLP; Defendant: Craig Thomas Whyte; Defendant: The Rangers FC Group Limited; Defendant: Liberty Capital Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2013
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Fraudulent Misrepresentation, Summary Judgment, Inducement, Disclosure of Documents
Contract Law Civil Procedure Fraud Fraudulent Misrepresentation Summary Judgment Inducement Disclosure of Documents

Case Brief

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Parties

Ticketus LLP

Claimant

Ticketus 2 LLP

Claimant

Craig Thomas Whyte

Defendant

The Rangers FC Group Limited

Defendant

Liberty Capital Limited

Defendant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the Claimants were within the class of representees to whom the misrepresentation was directed
  2. 2 Whether there was inducement and reliance on the misrepresentation
  3. 3 Whether failure to produce certain documents was fatal to the Claimants' case

Ratio Decidendi

The appeal was dismissed because the representations were made to the Committee for the benefit of whichever Ticketus entity provided funds, the misrepresentation was material and induced the contract, there was no real prospect of rebutting the presumption of inducement, and there was no other compelling reason for a trial.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment for the Claimants is upheld
  • Costs and consequential matters to be addressed