Ticketus LLP & Anor v Whyte & Ors [2013] EWHC 4069 (Ch) (18 December 2013)

Ticketus LLP & Anor v Whyte & Ors [2013] EWHC 4069 (Ch) (18 December 2013)

The appeal was dismissed because the representations were made to the relevant class, the presumption of inducement was not rebutted, the claimants' failure to produce certain documents was not fatal, and there was no other compelling reason for a trial.

Citation
[2013] EWHC 4069 (Ch)
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
Appeal / Judgment on Appeal Against Summary Judgment
Outcome
Appeal dismissed; summary judgment for claimants upheld.
Legal Topics
Summary Judgment, Fraudulent Misrepresentation, Inducement, Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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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

Appeal / Judgment on Appeal Against Summary Judgment

  1. 1 Whether the claimants were within the class of representees for the misrepresentation
  2. 2 Whether there was inducement and reliance on the misrepresentation
  3. 3 Whether failure to produce certain documents was fatal to summary judgment

Ratio Decidendi

The appeal was dismissed because the representations were made to the relevant class, the presumption of inducement was not rebutted, the claimants' failure to produce certain documents was not fatal, and there was no other compelling reason for a trial.

Court Disposition

Appeal dismissed; summary judgment for claimants upheld.

Orders

  • Appeal dismissed
  • Summary judgment for claimants for more than £18 million in damages and interest