Barker v Winter [2018] EWHC 1785 (QB) (09 July 2018)

Barker v Winter [2018] EWHC 1785 (QB) (09 July 2018)

Ms Barker is entitled to recover the sums expended from her capital, value of her Range Rover, value received for pawned jewellery (excluding gifts from Mr Winter), and credit card liabilities, less a deduction for living expenses she would have incurred in any event. She is not required to give credit for the...

Source-derived case information.

Citation
[2018] EWHC 1785
Parties
Claimant: Sacher Barker; Defendant: Richard Winter
Jurisdiction
England and Wales
Judgment Date
09 July 2018
Procedural Posture
Tort (deceit) Damages Assessment / Damages Assessment Following Summary Judgment on Liability
Outcome
Damages awarded to claimant with specified deductions; no aggravated or exemplary damages.
Legal Topics
Deceit, Fraudulent Misrepresentation, Damages Assessment, Aggravated Damages, Interest on Damages
Tort Law Civil Procedure Deceit Fraudulent Misrepresentation Damages Assessment Aggravated Damages Interest on Damages

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Parties

Sacher Barker

Claimant

Richard Winter

Defendant

Procedural Posture

Tort (deceit) Damages Assessment / Damages Assessment Following Summary Judgment on Liability

Legal Issues

  1. 1 Whether claimant must give credit for benefit of lavish lifestyle
  2. 2 Whether claimant would have expended capital in any event
  3. 3 Quantum of damages for deceit

Ratio Decidendi

Ms Barker is entitled to recover the sums expended from her capital, value of her Range Rover, value received for pawned jewellery (excluding gifts from Mr Winter), and credit card liabilities, less a deduction for living expenses she would have incurred in any event. She is not required to give credit for the enjoyment of the lavish lifestyle, nor for furniture retained, and is not entitled to aggravated or exemplary damages. Interest is awarded at 5% above Barclays Base Rate.

Court Disposition

Damages awarded to claimant with specified deductions; no aggravated or exemplary damages.

Orders

  • Defendant to pay claimant £252,092.05 (capital expended) less £20,000 (living expenses) = £232,092.05
  • Defendant to pay claimant £35,000 (Range Rover value)