Aitsan Limited & Ors v Stuart Robert Duffy & Anor

Aitsan Limited & Ors v Stuart Robert Duffy & Anor

Claimants suffered direct loss by making completion payments due to fraudulent certificates; recoveries from Blunts and administration are collateral and do not reduce damages; proceeds from lease sales must be credited against completion payments; most claimants who sold leases have no claim against Mr Duffy.

Parties
Claimant: AITSAN LIMITED and others; Defendant: Stuart Robert Duffy; Defendant: The Keith Davison Partnership Limited
Jurisdiction
England and Wales
Judgment Date
22 July 2025
Procedural Posture
Trial on Quantum / Judgment
Outcome
Claimants suffered loss; must credit lease sale proceeds; most claimants who sold leases have no claim against Mr Duffy.
Legal Topics
Fraudulent Misrepresentation, Deceit, Damages Assessment, Student Accommodation Investment, Collateral Benefits, Mitigation of Loss
Tort Contract Property Fraudulent Misrepresentation Deceit Damages Assessment Student Accommodation Investment Collateral Benefits +1 more

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Parties

AITSAN LIMITED and others

Claimant

Stuart Robert Duffy

Defendant

The Keith Davison Partnership Limited

Defendant

Procedural Posture

Trial on Quantum / Judgment

Legal Issues

  1. 1 Whether claimants suffered recoverable loss due to fraudulent completion certificates
  2. 2 Whether claimants must give credit for recoveries from professional negligence claims, administration, or lease sales
  3. 3 Correct measure of damages in deceit

Ratio Decidendi

Claimants suffered direct loss by making completion payments due to fraudulent certificates; recoveries from Blunts and administration are collateral and do not reduce damages; proceeds from lease sales must be credited against completion payments; most claimants who sold leases have no claim against Mr Duffy.

Court Disposition

Claimants suffered loss; must credit lease sale proceeds; most claimants who sold leases have no claim against Mr Duffy.

Orders

  • Counsel to update Schedule of Loss to reflect judgment.
  • Permission granted for 39th Claimant to discontinue claim.