The claimants had bought a property from the defendants and now sought damages in misrepresentation saying that the defendants had failed to disclose a planning application for an adjacent farm as regards a track bordering the property.
Held: The claim failed. The court expressed its view as to the effective loss of privacy, and the diminution of value. Even so, the court found that the defendants had been unaware of the proposed development, and that therefore there had been no misrepresentation. There had been two proposed developments by the neighbours, and it was possible that they had assumed that any paperwork related to the first. The contract had in any event included a clause by which the claimant disregarded any representation made by the defendants. Whilst in some situations of such a clause being buried in a contract, the court might not give it effect, here the clause was open and emphasised and well known to the solicitors at least, and was effective.
Edwards-Stuart J
[2010] EWHC 2447 (QB)
Bailii
England and Wales
Citing:
Cited – William Sindall Plc v Cambridgeshire County Council CA 21-May-1993
Land was bought for development, but the purchaser later discovered a sewage pipe which very substantially limited its development potential. The existence of the pipe had not been disclosed on the sale, being unknown to the seller.
Held: . .
Cited – E A Grimstead and Son Ltd v McGarrigan CA 27-Oct-1999
The court considered the effect of an acknowledgement of non-reliance clause: ‘There are, as it seems to me, at least two good reasons why the courts should not refuse to give effect to an acknowledgement of non-reliance in a commercial contract . .
Cited – Watford Electronics Ltd v Sanderson CFL Ltd CA 23-Feb-2001
The plaintiff had contracted to purchase software from the respondent. The system failed to perform, and the defendant sought to rely upon its exclusion and limitation of liability clauses.
Held: It is for the party claiming that a contract . .
Cited – Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd CA 6-Apr-2006
Moore-Bick LJ discussed whether the court should give effect to a non-reliance clause in a contract saying: ‘It is common to include in certain kinds of contracts an express acknowledgement by each of the parties that they have not been induced to . .
Cited by:
Distinguished – Cleaver and Others v Schyde Investments Ltd CA 29-Jul-2011
The parties had contracted for the sale of land. The purchaser secured the rescinding of the contract for innocent misrepresentation. A notice of a relevant planning application had not been passed on by the seller’s solicitors. The seller appealed . .
Lists of cited by and citing cases may be incomplete.
Land, Contract
Updated: 12 January 2022; Ref: scu.424971