The Court of Appeal is to rule on a misrepresentation claim brought by an Isle of Wight resident against the sellers of land he hopes to develop for a water sports centre.
The court has reserved judgment in the appeal by John Dart, of Gurnard, Isle of Wight, against a decision of Mr Recorder Mather, sitting at Southampton County Court in May 1999, dismissing his claim against the sellers, Desmond Ely and Addishore Ltd.
Dart bought the land at 31 Marsh Road, Gurnard Marsh, Cowes, for £86,000 in 1991 and obtained local authority permission to develop the site as a water sports centre with restaurant and car-parking facilities.
However, he then discovered that the land was subject to an application to have two footpaths that dissected it included in the local map. The paths were later approved by the local authority, although Dart subsequently succeeded in obtaining an order diverting them along the sea wall.
Conducting his own case, he told the court today that Ely and Addishore knew of the applications for the footpaths but failed to tell him about them.
He argued that the recorder who dismissed his earlier claim had been wrong to find that, although the sellers were guilty of misrepresentation in stating that they were unaware of any matters likely to affect the use or enjoyment of the land, the deception had not induced him to enter into the contract to purchase.
Dart contended that the judge had failed to take into account his evidence that he would not have proceeded with the purchase had he known the truth, and had also overlooked the fact that the right of way would substantially interfere with his proposals for the development of the site.
“Would somebody cautious enough to buy subject to detailed consent be stupid enough to buy when two footpaths were proposed through the land, one of which actually passed through the very building that was subject to the detailed consent?” he asked the court.
However, counsel for the vendors, James Wilson, argued that there had been a minimal diminution in the value of the site as a result of the footpath designation.
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 5/10/00
