Nicholas Isaac KC and Hugh Rowan succeed in 5-day misrepresentation and harassment trial

In the recent case of Birch v Meredith (unreported, 9-13 September 2024) the Court was asked to consider a claim for misrepresentation and harassment arising out of the sale of a flat in Arundel in 2016. The Claimant alleged that the Defendant knowingly or recklessly included factually false representations in the Seller’s Property Information Form. The Defendant counterclaimed that works completed by the Claimant in 2017 had structurally overloaded the demise.

Matters reached a head in February 2021, when the Defendant reported the Claimant to the Police for allegedly threatening him with a knife. The Claimant was able to demonstrate that this complaint was entirely fabricated.

Giving an ex tempore judgment in the County Court at Central London, Recorder Shepherd held that the Claimant’s misrepresentation claim was made out and dismissed the counterclaim on the basis of expert evidence.

The Recorder held that the false complaint to the police form part of a harassing course of conduct taking place over several days. Of particular interest to practitioners, the Recorder also held that a Solicitor’s letter simply requesting access to a property under the terms of a lease did – in the context – also form part of a harassing course of conduct.

Nicholas Isaac KC and Hugh Rowan represented the successful Claimant instructed by Matthew Hearson at JMW Law.