Source: All England Reporter
Publisher Citation: [2012] All ER (D) 77 (Oct)
Neutral Citation: [2012] EWHC 2704 (Ch)
Court: Chancery Division

Mr Justice Morgan

Representation M Warner (instructed by Henriques Griffiths) for the claimant.
  Jamal Demachkie (instructed by TLT Solicitors) for the defendants.
  Rajinder Sahonte (instructed by Wards) for D and P.
Judgment Dates: 9 October 2012


Misrepresentation - Contract for purchase of building plot - Claimant purchasing building plot at auction - Building plot being situated between two properties - Dispute arising between claimant and owners of other property (D and P) as to correct boundary between two properties - D and P bringing proceedings against claimant in county court - Claimant purchaser claiming rescission of contract for sale for misrepresentation - Whether misrepresentation by vendor - Whether claimant entitled to rescind contract - Whether damages to be awarded in lieu of rescission - .

The Case

Misrepresentation Contract for purchase of building plot. The Chancery Division held that a purchaser was entitled to rescission of an agreement for sale, and the transfer, of a building plot where material misrepresentations in respect of the building plot had been made by the sellers.

Practice Areas

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