Royal Borough of Greenwich v EOA

Royal Borough of Greenwich v EOA

The first and second Defendants are jointly and severally liable for £490,000 in damages for fraudulent misrepresentation, with no reduction for contributory negligence. The solicitors are liable in negligence for £200,000 by consent, reflecting settlement and contributory negligence reduction. Apportionment between Defendants is not appropriate as both caused the same loss.

Parties
Plaintiff/appellant: John Stewart; Plaintiff/appellant: Jonathan Stewart; First Defendant/respondent: Adrian Martin; Second Defendant/respondent: Robert Martin; Third Defendant/respondent: Barry P Finlay and others, practising as Murland Solicitors
Jurisdiction
England and Wales
Judgment Date
16 October 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; judgment varied.
Legal Topics
Fraudulent Misrepresentation, Negligence, Fiduciary Duty, Contributory Negligence, Joint and Several Liability, Apportionment of Liability
Contract Law Tort Law Commercial Law Fraudulent Misrepresentation Negligence Fiduciary Duty Contributory Negligence Joint and Several Liability +1 more

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Parties

John Stewart

Plaintiff/appellant

Jonathan Stewart

Plaintiff/appellant

Adrian Martin

First Defendant/respondent

Robert Martin

Second Defendant/respondent

Barry P Finlay and others, practising as Murland Solicitors

Third Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the first and second Defendants are jointly and severally liable for fraudulent misrepresentation
  2. 2 Whether the solicitors are liable in negligence and/or breach of fiduciary duty
  3. 3 Whether contributory negligence applies to the Plaintiffs' claims

Ratio Decidendi

The first and second Defendants are jointly and severally liable for £490,000 in damages for fraudulent misrepresentation, with no reduction for contributory negligence. The solicitors are liable in negligence for £200,000 by consent, reflecting settlement and contributory negligence reduction. Apportionment between Defendants is not appropriate as both caused the same loss.

Court Disposition

Appeal allowed in part; judgment varied.

Orders

  • Judgment against first and second Defendants for £490,000 plus simple interest at 4% per annum from 06 July 2007 and costs.
  • Judgment against third Defendant (solicitors) for £200,000 damages by consent, with a six week stay of execution and costs.