Citation: 2019 WL 01407206
Wilson & Sharp and FPI were both property developers. In 2017, Wilson & Sharp had assigned an option to purchase the site of a proposed student development in Falmouth to FPI. Following the approval of planning permission on appeal, a further premium became due to Wilson & Sharp under the assignment. FPI refused to pay and defended the claim on the basis of an alleged misrepresentation concerning rights to light issues made before the assignment. Following a one day hearing in front of a Master, Wilson & Sharp secured summary judgment on the claim and counterclaim. The case involved issues of: (i) implied representations of fact, (ii) misrepresentation by concealment, and (iii) the correct measure of loss. Permission to appeal was refused by the Master and by Mr Justice Soole following a further oral hearing in the High Court.
James Frampton represented the successful Claimant.
The Defendant was represented by Andrew Butler QC in front of the Master and Timothy Polli QC in the High Court.
James has written on this case for Practical Law Construction Blog and LexisNexis PSL.
