An Isle of Wight man has emerged the victor in a legal dispute over land he intends for a water sports centre on the island. The Court of Appeal has allowed his misrepresentation claim against the sellers of the land he acquired for the scheme at Gurnard Marsh, Cowes, and ruled that he is entitled to £16,000 damages, plus interest over eight years and legal costs.
John Dart sued property company Addishore Ltd and estate agent Desmond Ely after they failed to tell him of applications to the local authority to include two footpaths across the land in the local map. The local authority later approved the paths, although Mr Dart subsequently succeeded in obtaining an order diverting them along the sea wall.
Initially, Mr Recorder Mather, sitting in Southampton County Court, rejected Darts claim, finding that although the sellers were guilty of misrepresentation, they had not induced Dart to enter into the contract to purchase the land.
Allowing Darts appeal, however, Schiemann LJ said he considered that Dart would never have entered into the deal had the misrepresentation not taken place.
He held that Mr Dart was entitled to the difference between the actual market value of the land at the time when it was sold, assessed at £70,000, and the price, £86,000, that Dart actually paid for it.
Dart v Ely and another Court of Appeal (Schiemann and Mance LJJ and Smith J) 5 October 2000
The appellant appeared in person; James Wilson (instructed by Glanvilles, of Newport) appeared for the respondents.
PLS News 17/10/00
