Tandem Properties Ltd v Sheffield City Council

Tandem Properties Ltd v Sheffield City Council

The claims in private and public nuisance are struck out as not disclosing a cause of action. The applications for summary judgment/strike out on the misrepresentation, negligent misstatement, and A1P1 claims are dismissed because there are real prospects of success and/or compelling reasons for trial, particularly due to factual overlap with the breach of fiduciary duty claim and unresolved issues of deliberate concealment and limitation.

Parties
Claimant: Tandem Properties Limited; Defendant: Sheffield City Council
Jurisdiction
England and Wales
Judgment Date
19 August 2024
Procedural Posture
Civil (commercial/property) / Interlocutory Application for Strike Out And/or Summary Judgment
Outcome
Application to strike out/dismiss claims in nuisance granted; application to strike out/dismiss misrepresentation, negligent misstatement, and A1P1 claims dismissed.
Legal Topics
Misrepresentation, Negligent Misstatement, Limitation of Actions, Human Rights Act (a1 P1), Nuisance (private and Public), Summary Judgment, Strike Out
Contract Law Tort Law Human Rights Law Property Law Misrepresentation Negligent Misstatement Limitation of Actions Human Rights Act (a1 P1) +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 5 Authorities cited 22 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Tandem Properties Limited

Claimant

Sheffield City Council

Defendant

Procedural Posture

Civil (commercial/property) / Interlocutory Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim in misrepresentation under the Misrepresentation Act 1967 is time-barred or subject to postponement under s.32 Limitation Act 1980
  2. 2 Whether the claim in negligent misstatement is time-barred or subject to postponement under s.32 Limitation Act 1980
  3. 3 Whether the pleaded facts disclose a cause of action in private or public nuisance

Ratio Decidendi

The claims in private and public nuisance are struck out as not disclosing a cause of action. The applications for summary judgment/strike out on the misrepresentation, negligent misstatement, and A1P1 claims are dismissed because there are real prospects of success and/or compelling reasons for trial, particularly due to factual overlap with the breach of fiduciary duty claim and unresolved issues of deliberate concealment and limitation.

Court Disposition

Application to strike out/dismiss claims in nuisance granted; application to strike out/dismiss misrepresentation, negligent misstatement, and A1P1 claims dismissed.

Orders

  • Claims in private and public nuisance struck out.
  • Costs and case management conference to be listed before the judge after 5 weeks.