Nuttal & Anor v Kerr & Anor [2019] EWHC 1977 (QB) (25 July 2019)

Nuttal & Anor v Kerr & Anor [2019] EWHC 1977 (QB) (25 July 2019)

Despite the serious delay, the judge's findings were supported by contemporaneous documentary evidence and correct application of legal principles. The characterisation of Ms Kerr's evidence as exaggeration rather than dishonesty was open to the judge and did not materially affect the outcome. No material error in recollection or fact-finding was identified that would justify a retrial.

Citation
[2019] EWHC 1977 (QB)
Parties
Applicant: Mr Matthew Nuttal; Applicant: Mr Wayne Lochner; Claimant: Ms Lorraine Kerr; Claimant: Mr Bruce Sinclair
Jurisdiction
England and Wales
Judgment Date
25 July 2019
Procedural Posture
Appeal / Judgment on Appeal Against First Instance Decision
Outcome
Appeal dismissed
Legal Topics
Fraudulent Misrepresentation, Rescission of Contract, Delay in Judgment, Appellate Review of Fact Finding
Civil Law Contract Law Fraud Fraudulent Misrepresentation Rescission of Contract Delay in Judgment Appellate Review of Fact Finding

Case Brief

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Parties

Mr Matthew Nuttal

Applicant

Mr Wayne Lochner

Applicant

Ms Lorraine Kerr

Claimant

Mr Bruce Sinclair

Claimant

Procedural Posture

Appeal / Judgment on Appeal Against First Instance Decision

Legal Issues

  1. 1 Whether serious judicial delay undermined the factual findings and judgment at first instance
  2. 2 Whether the judge erred in characterising Ms Kerr's evidence as exaggeration rather than dishonesty, and whether this tainted the findings on misrepresentation and inducement

Ratio Decidendi

Despite the serious delay, the judge's findings were supported by contemporaneous documentary evidence and correct application of legal principles. The characterisation of Ms Kerr's evidence as exaggeration rather than dishonesty was open to the judge and did not materially affect the outcome. No material error in recollection or fact-finding was identified that would justify a retrial.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted due to serious delay
  • No retrial ordered