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 capital she expended as a result of Mr Winter's deceit, less a deduction for ordinary living expenses she would have incurred in any event, and to interest at 5% above Barclays Base Rate. She need not give credit for the enjoyment of the lifestyle, as it is not a tangible benefit. Mr Winter's contributions do not reduce her loss. She is not entitled to aggravated or exemplary damages, nor to sums paid by her father or for liabilities not discharged.

Citation
[2018] EWHC 1785 (QB)
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 for deceit, with deductions as specified; 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

Case Brief

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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/enjoyment of lavish lifestyle funded by her capital
  2. 2 Whether claimant would have expended her capital in any event
  3. 3 Quantum of loss directly flowing from reliance on defendant's deceit

Ratio Decidendi

Ms Barker is entitled to recover the capital she expended as a result of Mr Winter's deceit, less a deduction for ordinary living expenses she would have incurred in any event, and to interest at 5% above Barclays Base Rate. She need not give credit for the enjoyment of the lifestyle, as it is not a tangible benefit. Mr Winter's contributions do not reduce her loss. She is not entitled to aggravated or exemplary damages, nor to sums paid by her father or for liabilities not discharged.

Court Disposition

Damages awarded to claimant for deceit, with deductions as specified; no aggravated or exemplary damages.

Orders

  • Defendant to pay claimant £232,092.05 for capital expended (£252,092.05 less £20,000 for ordinary living expenses)
  • Defendant to pay claimant £35,000 for value of Range Rover part-exchanged