Norman Barry Ellis and David Clayton each claimed damages against Property Leeds (UK) Ltd (Eddisons) for the alleged fraudulent and/or negligent misrepresentations of one Thorpe acting as Eddisons servant or agent. On 21st June 2001 Rougier J gave summary judgment to Eddison’s in respect of the greater part of both claims. He did so on the basis that any losses suffered by Mr Ellis and Mr Clayton simply reflected losses sustained by companies of which each was a director. Alternatively the judge held that, with regard to such losses as were represented by the diminished value of trust funds in which each claimant had a beneficial interest, the right to sue lay not with the claimants but with the trustees.
Citations:
[2002] EWCA Civ 32, [2002] 2 BCLC 175
Links:
Jurisdiction:
England and Wales
Torts – Other
Updated: 05 June 2022; Ref: scu.167908
