20th February 2017
Lester Aldridge LLP
MSI’s UK South Coast law member Lester Aldridge has achieved great success recently after winning the case of Quilter v Hodson Developments Limited  EWCA Civ 1125 in both the County Court and Court of Appeal on behalf of the claimant, Ms Quilter. Interesting points of law were raised which may have broader application to other cases, in relation to the assessment of damages, principles of mitigation, and the effect of an NHBC guarantee. Lester Aldridge explains further.
The claimant purchased a flat in a development managed by the defendant developers for £240,000 in January 2012. Prior to exchange of contracts, the defendant was sent standard form pre-contractual enquiries to complete but failed to disclose information relevant to a dispute concerning the heating and hot water system at the property. At trial, the County Court Judge found that the defendant had made misrepresentations by implying that it was not aware of the dispute and that, consequently, the claimant suffered loss when purchasing the property.
The defendant appealed this finding in the Court of Appeal, which in turn dismissed the appeal and affirmed the decision of the County Court. Three particularly interesting points of discussion arose from the Court of Appeal decision; namely:
Read more about Lester Aldridge: The misrepresentation mousetrap – A lesson for vendors and purchasers
Lester Aldridge is a full service law firm, advising commercial organisations and private individuals on a regional, national and international scale, from offices in Southampton and Bournemouth.
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