Devon Commercial Property Ltd v Barnett & Anor

Devon Commercial Property Ltd v Barnett & Anor

The defendants did not breach their duties of good faith or act for an improper purpose. They did not place themselves in a position of conflict of interest, nor act under the direction or control of Aston Manor. The defendants took reasonable steps to obtain a proper price for the property, including appropriate marketing and obtaining independent valuations. The claimant failed to prove any breach of duty or causation of loss.

Parties
Claimant: Devon Commercial Property Limited; Defendant: Robert Adrian Barnett; Defendant: Robert John Belcher
Jurisdiction
England and Wales
Judgment Date
26 March 2019
Procedural Posture
Civil Claim / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Duties of LPA Receivers, Good Faith, Proper Purpose, Obtaining Best Price, Conflict of Interest, Valuation of Property, Breach of Duty, Remedies for Breach
Property Law Equity and Trusts Insolvency Law Duties of LPA Receivers Good Faith Proper Purpose Obtaining Best Price Conflict of Interest +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Devon Commercial Property Limited

Claimant

Robert Adrian Barnett

Defendant

Robert John Belcher

Defendant

Procedural Posture

Civil Claim / Judgment After Trial

Legal Issues

  1. 1 Did the defendants breach their duty of good faith and/or act for an improper purpose as LPA receivers?
  2. 2 Did the defendants fail to obtain the best price reasonably obtainable for the property?
  3. 3 Did the defendants place themselves in a position of conflict of interest or act under the direction of the mortgagee/purchaser?

Ratio Decidendi

The defendants did not breach their duties of good faith or act for an improper purpose. They did not place themselves in a position of conflict of interest, nor act under the direction or control of Aston Manor. The defendants took reasonable steps to obtain a proper price for the property, including appropriate marketing and obtaining independent valuations. The claimant failed to prove any breach of duty or causation of loss.

Court Disposition

Claim dismissed