Doe & Anor v Skegg & Anor

Doe & Anor v Skegg & Anor

The defendants' answers in the Property Information Form were false and made without reasonable belief in their truth. The ongoing dispute with Andrew Robinson constituted a dispute about the property, and the letter of 17 June 2001 should have been disclosed. The defendants acted fraudulently in failing to disclose the dispute, intending to avoid adversely affecting the sale.

Parties
Claimant: Doe & Anr; Defendant: Skegg & Anr
Jurisdiction
England and Wales
Judgment Date
20 October 2006
Procedural Posture
Civil / Trial Judgment on Liability
Outcome
Claim succeeds as to liability; quantum reserved.
Legal Topics
Misrepresentation, Fraudulent Misrepresentation, Negligent Misrepresentation, Sale of Property
Property Law Tort Law Misrepresentation Fraudulent Misrepresentation Negligent Misrepresentation Sale of Property

Case Brief

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Parties

Doe & Anr

Claimant

Skegg & Anr

Defendant

Procedural Posture

Civil / Trial Judgment on Liability

Legal Issues

  1. 1 Whether answers given in the Property Information Form constituted actionable misrepresentations
  2. 2 Whether the misrepresentations were made fraudulently or negligently
  3. 3 Whether the claimants are entitled to damages under section 2(1) of the Misrepresentation Act 1967

Ratio Decidendi

The defendants' answers in the Property Information Form were false and made without reasonable belief in their truth. The ongoing dispute with Andrew Robinson constituted a dispute about the property, and the letter of 17 June 2001 should have been disclosed. The defendants acted fraudulently in failing to disclose the dispute, intending to avoid adversely affecting the sale.

Court Disposition

Claim succeeds as to liability; quantum reserved.

Orders

  • Defendants liable for fraudulent misrepresentation; damages to be assessed in subsequent proceedings.