Mather & Ors v Basran & Ors (Re Misrepresentation - Limitation - Adjournment on Medical Grounds) [2025] EWHC 438 (Ch) (12 March 2025)

Mather & Ors v Basran & Ors (Re Misrepresentation - Limitation - Adjournment on Medical Grounds) [2025] EWHC 438 (Ch) (12 March 2025)

The court found that Mr Rattan made a false representation that Mr Basran had been appointed as a director of Yagna Limited, which was relied upon by the claimants in making their investments. The representation was material and induced the investments. The claimants could not with reasonable diligence have discovered the fraud until within six years of issuing proceedings, so the claim was not time-barred. The application for adjournment on medical grounds was refused as the defendant could participate remotely and the evidence did not justify adjournment.

Citation
[2025] EWHC 438 (Ch)
Parties
Claimant: Nigel Mather; Claimant: Sharon Mather; Claimant: Charles Ledigo; Claimant: Laurence Cleary; Defendant: Lakbir Basran; Defendant: Balvinder Singh Rattan; Defendant: Kuldip Rattan; Defendant: Bhagwant Singh Rattan
Jurisdiction
England and Wales
Judgment Date
12 March 2025
Procedural Posture
Part 7 Claim (business List, Chancery Division) / Post Trial Judgment
Outcome
Claim allowed against the second defendant (Mr Balvinder Singh Rattan) for fraudulent misrepresentation.
Legal Topics
Fraudulent Misrepresentation, Negligent Misrepresentation, Limitation Periods, Directors' Duties, Shareholder Rights, Disclosure Obligations, Adjournment on Medical Grounds
Commercial Law Company Law Tort Law Fraudulent Misrepresentation Negligent Misrepresentation Limitation Periods Directors' Duties Shareholder Rights +2 more

Case Brief

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Parties

Nigel Mather

Claimant

Sharon Mather

Claimant

Charles Ledigo

Claimant

Laurence Cleary

Claimant

Lakbir Basran

Defendant

Balvinder Singh Rattan

Defendant

Kuldip Rattan

Defendant

Bhagwant Singh Rattan

Defendant

Procedural Posture

Part 7 Claim (business List, Chancery Division) / Post Trial Judgment

Legal Issues

  1. 1 Whether the defendants made false representations regarding the appointment of a director to induce claimants' investment in Yagna Limited
  2. 2 Whether the claimants relied on those representations when investing
  3. 3 Whether the claim is time-barred under Limitation Act 1980, s.32(1)

Ratio Decidendi

The court found that Mr Rattan made a false representation that Mr Basran had been appointed as a director of Yagna Limited, which was relied upon by the claimants in making their investments. The representation was material and induced the investments. The claimants could not with reasonable diligence have discovered the fraud until within six years of issuing proceedings, so the claim was not time-barred. The application for adjournment on medical grounds was refused as the defendant could participate remotely and the evidence did not justify adjournment.

Court Disposition

Claim allowed against the second defendant (Mr Balvinder Singh Rattan) for fraudulent misrepresentation.

Orders

  • Judgment for the claimants against Mr Rattan for damages to be assessed (quantified below).
  • Application for adjournment on medical grounds refused.