Hurst & Ors v Hone & Ors [2010] EWHC 1159 (QB) (27 May 2010)

Hurst & Ors v Hone & Ors [2010] EWHC 1159 (QB) (27 May 2010)

Mark Cordner made false representations to the claimants about the security and prospects of the Aloha Royal development, failed to ensure compliance with Spanish legal protections, and induced claimants to pay full price up front. He was found liable for deceit and negligent misstatement. The court found no true partnership between Cordner and Hone, but Cordner was liable as a principal actor. The tracing claim against Sandra Cordner failed for lack of evidence. Claimants were not contributorily negligent. Credit for any residual value in the investments was addressed, but the investments were found to be effectively worthless.

Citation
[2010] EWHC 1159
Parties
Claimant: Sir Geoffrey Hurst; Claimant: David Barkley; Claimant: Darren Innocent; Claimant: Terence Hopley; Claimant: Paul Kenyon; Claimant: Martin Roberts; Claimant: Verna Roberts; Defendant: Michael Hone; Defendant: Mark Cordner; Defendant: Royal Marbella Group of Companies SL; Defendant: Wilchester Holdings Inc; Defendant: Grosvenor Square Investments Inc; Defendant: Azul Properties SL; Defendant: Sandra Cordner
Jurisdiction
England and Wales
Judgment Date
27 May 2010
Procedural Posture
Civil / Trial Judgment on Liability (quantum Reserved Except for Credit Issue)
Outcome
Judgment for claimants against Mark Cordner; tracing claim against Sandra Cordner dismissed.
Legal Topics
Deceit, Negligent Misstatement, Breach of Trust, Breach of Fiduciary Duty, Conspiracy, Partnership Liability, Tracing, Spanish Property Law, Off Plan Property Investment
Civil Fraud Property Law Trusts and Equity Contract Law Deceit Negligent Misstatement Breach of Trust Breach of Fiduciary Duty +5 more

Case Brief

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Parties

Sir Geoffrey Hurst

Claimant

David Barkley

Claimant

Darren Innocent

Claimant

Terence Hopley

Claimant

Paul Kenyon

Claimant

Martin Roberts

Claimant

Verna Roberts

Claimant

Michael Hone

Defendant

Mark Cordner

Defendant

Royal Marbella Group of Companies SL

Defendant

Wilchester Holdings Inc

Defendant

Grosvenor Square Investments Inc

Defendant

Azul Properties SL

Defendant

Sandra Cordner

Defendant

Procedural Posture

Civil / Trial Judgment on Liability (quantum Reserved Except for Credit Issue)

Legal Issues

  1. 1 Whether Mark Cordner made false representations to claimants inducing investment in Aloha Royal development
  2. 2 Whether Cordner acted deceitfully or negligently
  3. 3 Whether Cordner breached trust or fiduciary duties

Ratio Decidendi

Mark Cordner made false representations to the claimants about the security and prospects of the Aloha Royal development, failed to ensure compliance with Spanish legal protections, and induced claimants to pay full price up front. He was found liable for deceit and negligent misstatement. The court found no true partnership between Cordner and Hone, but Cordner was liable as a principal actor. The tracing claim against Sandra Cordner failed for lack of evidence. Claimants were not contributorily negligent. Credit for any residual value in the investments was addressed, but the investments were found to be effectively worthless.

Court Disposition

Judgment for claimants against Mark Cordner; tracing claim against Sandra Cordner dismissed.

Orders

  • Mark Cordner to pay damages to claimants for deceit and negligent misstatement.
  • Tracing claim against Sandra Cordner dismissed.