England and Wales Case Law

Alexander Kuznetsov v War Group Ltd & Anor (Second Judgment)

The application was dismissed because the applicant failed in his duty of full and frank disclosure by presenting a misleading and incomplete picture to the court, omitting material correspondence and facts, and because the legal merits did not justify interim relief given the contractual requirement to use a solicitor and the adequacy of damages as a remedy.

Source excerpt

• Without notice applications
• Disclosure obligations
• Property transactions
• Auction sales
• Solicitor-client requirements

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Co Mayo Estates Limited v Hidden Gem Limited

The sale particulars, read as a whole, did not constitute a misrepresentation of fact or opinion regarding development potential. Any implied representation was too vague to have legal consequences, and the Claimant was not in a stronger position to know the planning status. The Defendant's reliance was not justified and the appeal fails.

Source excerpt

• Misrepresentation
• Auction sales
• Implied representations
• Planning permission
• Rescission of contract

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Alexander Kuznetsov v War Group Ltd & Anor

The application is adjourned to allow the defendants notice and an opportunity to respond, as procedural fairness requires both sides to be heard before substantive orders are made.

Source excerpt

• Specific performance
• Auction sales
• Completion of property transactions
• Interlocutory relief

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Co Mayo Estates Ltd v Hidden Gem Ltd

Co Mayo Estates Ltd v Hidden Gem Ltd [2024] EWHC 401 (KB) (26 February 2024)

The High Court dismissed an appeal over an auction land sale, holding the particulars did not misrepresent development potential and any implication was too vague.

• Misrepresentation in property sale
• Implied representations
• Auction sales
• Planning permission
• Interpretation of sale particulars
• Misrepresentation

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Kuznetsov v War Group Ltd & Anor

Kuznetsov v War Group Ltd & Anor [2024] EWHC 311 (KB) (14 February 2024)

On a without notice application over two auction purchases, Fordham J adjourned the matter and directed notice to the defendants before any substantive relief.

• Specific performance
• Auction sales
• Contract completion
• Interim relief
• Service of documents
• Without-notice-application

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SPS Groundworks & Building Limited v Ms Satvinder Kaur Mahil

High Court appeal over an auction sale of land, concerning disclosure of an overage clause, alleged misrepresentation, and incorporation of auction conditions.

• Misrepresentation
• Duty of disclosure
• Defects in title
• Auction sales
• Pleading requirements
• Duty-of-disclosure

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SPS Groundworks & Building Ltd v Mahil

SPS Groundworks & Building Ltd v Mahil [2022] EWHC 371 (QB) (23 February 2022)

Appeal about auction sale of land, title defect disclosure, misrepresentation, and incorporation of auction terms. The court held the Overage Clause was not adequately disclosed, but reliance on misrepresentation failed.

• Disclosure of defects in title
• Misrepresentation
• Auction sales
• Formation of contract
• Pleading requirements
• Property-law

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SPS Groundworks & Building Ltd v Mahil

SPS Groundworks & Building Ltd v Mahil [2022] EWHC 371 (QB) (23 February 2022)

High Court appeal about auction sale of land, disclosure of an overage clause, misrepresentation, and pleading of auction conditions.

• Disclosure of defects in title
• Misrepresentation
• Auction sales
• Formation of contract
• Pleading requirements
• Property-law

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Tattersalls Ltd v McMahon

Tattersalls Ltd v McMahon [2021] EWHC 1629 (QB) (18 June 2021)

The High Court held that an auction bidder was personally liable under the sale conditions, together with the company he said he represented, and awarded resale losses and interest.

• Auction sales
• Joint and several liability
• Agency and principal liability
• Variation of contract terms
• Mitigation of loss
• Auction-sales

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Tattersalls Ltd v McMahon

Tattersalls Ltd v McMahon [2021] EWHC 1629 (QB) (18 June 2021)

The High Court held that a bidder at Tattersalls was personally liable for auction purchases made while acting for a company, and that resale costs and interest were recoverable.

• Auction sales
• Joint and several liability
• Variation of contract terms
• Authority of company directors
• Mitigation of loss
• Auction-sales

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