Quilter v Hodson Developments Ltd [2016] EWCA Civ 1125 (17 November 2016)

Quilter v Hodson Developments Ltd [2016] EWCA Civ 1125 (17 November 2016)

The judge was entitled to find, on the evidence, that there was a dispute regarding the biomass heating system which should have been disclosed. The normal measure of damages applies, and the subsequent increase in market value on resale does not reduce the loss. The costs award was within the judge's discretion.

Citation
[2016] EWCA Civ 1125
Parties
Respondent: Alison Quilter; Appellant: Hodson Developments Limited
Jurisdiction
England and Wales
Judgment Date
17 November 2016
Procedural Posture
Civil Appeal / Appeal From Central London County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Misrepresentation, Damages, Disclosure Obligations, Costs, Measure of Damages
Property Law Contract Law Tort Law Misrepresentation Damages Disclosure Obligations Costs Measure of Damages

Case Brief

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Parties

Alison Quilter

Respondent

Hodson Developments Limited

Appellant

Procedural Posture

Civil Appeal / Appeal From Central London County Court to Court of Appeal

Legal Issues

  1. 1 Whether there was a dispute regarding the biomass heating system that should have been disclosed by the seller
  2. 2 Whether the judge erred in relying on hearsay and documentary evidence
  3. 3 Whether the correct measure of damages was applied given the subsequent sale of the property

Ratio Decidendi

The judge was entitled to find, on the evidence, that there was a dispute regarding the biomass heating system which should have been disclosed. The normal measure of damages applies, and the subsequent increase in market value on resale does not reduce the loss. The costs award was within the judge's discretion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in full
  • Respondent awarded 70% of her costs