Barker v Winter

Barker v Winter

Ms Barker is entitled to recover the capital she expended as a result of Mr Winter’s deceit, including the value of her Range Rover and pawned jewellery, less reasonable deductions for living expenses she would have incurred in any event. She is not required to give credit for the enjoyment of the Lavish Lifestyle, as it is not a tangible benefit. She is entitled to interest at 5% above Barclays Base Rate on sums awarded. Claims for aggravated and exemplary damages are rejected.

Parties
Claimant: Sacher Barker; Defendant: Richard Winter
Jurisdiction
England and Wales
Judgment Date
09 July 2018
Procedural Posture
Tort (deceit) / Assessment of Damages Following Summary Judgment on Liability
Outcome
Damages awarded to claimant; aggravated and exemplary damages denied.
Legal Topics
Deceit, Fraudulent Misrepresentation, Damages Assessment, Aggravated Damages, Interest on Damages
Tort 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) / Assessment of Damages Following Summary Judgment on Liability

Legal Issues

  1. 1 Whether claimant must give credit for enjoyment of Lavish Lifestyle
  2. 2 Whether claimant would have expended capital but for deceit
  3. 3 Quantum of damages for capital expended

Ratio Decidendi

Ms Barker is entitled to recover the capital she expended as a result of Mr Winter’s deceit, including the value of her Range Rover and pawned jewellery, less reasonable deductions for living expenses she would have incurred in any event. She is not required to give credit for the enjoyment of the Lavish Lifestyle, as it is not a tangible benefit. She is entitled to interest at 5% above Barclays Base Rate on sums awarded. Claims for aggravated and exemplary damages are rejected.

Court Disposition

Damages awarded to claimant; aggravated and exemplary damages denied.

Orders

  • Mr Winter to pay Ms Barker £252,092.05 for capital expended, less £20,000 for living expenses (£232,092.05 net).
  • Mr Winter to pay Ms Barker £35,000 for value of Range Rover.