Quilter v Hodson Developments Ltd

Quilter v Hodson Developments Ltd

The judge was entitled to find a dispute existed regarding the biomass heating system based on oral evidence, and damages should be assessed at the date of purchase without reduction for subsequent market value increase, as the later sale was not part of mitigation. The costs award was within the judge's discretion.

Parties
Respondent: Alison Quilter; Appellant: Hodson Developments Limited
Jurisdiction
England and Wales
Judgment Date
17 November 2016
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Pre Contractual Misrepresentation, Damages Assessment, Costs Apportionment
Contract Law Property Law Misrepresentation Pre Contractual Misrepresentation Damages Assessment Costs Apportionment

Case Brief

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Parties

Alison Quilter

Respondent

Hodson Developments Limited

Appellant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether Hodson Developments Limited made actionable misrepresentations by omission regarding disputes affecting the property.
  2. 2 Whether the judge erred in finding a dispute existed about the biomass heating system.
  3. 3 Appropriate measure of damages given subsequent sale of the property.

Ratio Decidendi

The judge was entitled to find a dispute existed regarding the biomass heating system based on oral evidence, and damages should be assessed at the date of purchase without reduction for subsequent market value increase, as the later sale was not part of mitigation. The costs award was within the judge's discretion.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • Respondent awarded 70% of costs.