4 Eng Ltd v Harper & Anor

4 Eng Ltd v Harper & Anor

4 Eng Limited is entitled to recover damages for deceit comprising the purchase price paid for Excel, acquisition costs, costs of fraud investigation, and damages for loss of opportunity to acquire Tarvail Limited, including both income and capital profits, subject to an 80% chance discount and a 20% recovery for post-acquisition remuneration, with no double recovery permitted.

Parties
Claimant: 4 Eng Limited; Defendant: Roger Harper; Defendant: Barry Alexander Simpson
Jurisdiction
England and Wales
Judgment Date
29 April 2008
Procedural Posture
Civil / Assessment of Damages Following Summary Judgment
Outcome
Damages awarded to claimant for deceit, subject to quantification of Tarvail loss.
Legal Topics
Deceit, Damages Assessment, Loss of Opportunity, Corporate Acquisition, Breach of Warranty
Fraud Contract Company Law Tort Deceit Damages Assessment Loss of Opportunity Corporate Acquisition +1 more

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Parties

4 Eng Limited

Claimant

Roger Harper

Defendant

Barry Alexander Simpson

Defendant

Procedural Posture

Civil / Assessment of Damages Following Summary Judgment

Legal Issues

  1. 1 Assessment of damages for deceit
  2. 2 Recoverability of acquisition costs
  3. 3 Liability for post-acquisition remuneration

Ratio Decidendi

4 Eng Limited is entitled to recover damages for deceit comprising the purchase price paid for Excel, acquisition costs, costs of fraud investigation, and damages for loss of opportunity to acquire Tarvail Limited, including both income and capital profits, subject to an 80% chance discount and a 20% recovery for post-acquisition remuneration, with no double recovery permitted.

Court Disposition

Damages awarded to claimant for deceit, subject to quantification of Tarvail loss.

Orders

  • Defendants to pay £550,000 for purchase price of Excel.
  • Defendants to pay £72,371.50 for acquisition costs.