Burki v Seventy Thirty Ltd & Ors [2018] EWHC 2151 (QB) (15 August 2018)

Burki v Seventy Thirty Ltd & Ors [2018] EWHC 2151 (QB) (15 August 2018)

Seventy Thirty Limited made false representations to Tereza Burki about the number and quality of male members and their commitment, which induced her to enter the contract. The representations were misleading and amounted to misrepresentation. Burki is entitled to rescind the contract and recover her membership fee. The agency failed to prove that Burki's online reviews were maliciously false or defamatory beyond fair comment.

Citation
[2018] EWHC 2151 (QB)
Parties
Claimant: Tereza Burki; Defendant: Seventy Thirty Limited; Claimant: Seventy Thirty Limited; Defendant: Tereza Burki
Jurisdiction
England and Wales
Judgment Date
15 August 2018
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim for misrepresentation succeeds; contract rescinded; membership fee to be refunded. Defamation and malicious falsehood claims dismissed.
Legal Topics
Misrepresentation, Deceit, Consumer Protection, Libel, Malicious Falsehood
Contract Tort Defamation Misrepresentation Deceit Consumer Protection Libel Malicious Falsehood

Case Brief

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Parties

Tereza Burki

Claimant

Seventy Thirty Limited

Defendant

Seventy Thirty Limited

Claimant

Tereza Burki

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Seventy Thirty Limited made false representations to Tereza Burki regarding its database and membership.
  2. 2 Whether Tereza Burki relied on those representations in entering the contract.
  3. 3 Whether Seventy Thirty Limited's conduct amounted to misrepresentation or deceit.

Ratio Decidendi

Seventy Thirty Limited made false representations to Tereza Burki about the number and quality of male members and their commitment, which induced her to enter the contract. The representations were misleading and amounted to misrepresentation. Burki is entitled to rescind the contract and recover her membership fee. The agency failed to prove that Burki's online reviews were maliciously false or defamatory beyond fair comment.

Court Disposition

Claim for misrepresentation succeeds; contract rescinded; membership fee to be refunded. Defamation and malicious falsehood claims dismissed.

Orders

  • Seventy Thirty Limited to refund Tereza Burki £12,600 membership fee.
  • Defamation and malicious falsehood claims against Tereza Burki dismissed.