Glossop Carton wins Court of Appeal claim | Davis Blank Furniss
Andrew Ryan

We acted on behalf of Glossop Carton and Print Company (“Glossop Cartons”) in its successful claim in the Court of Appeal against Philip Smith, Contact (Print & Packaging) Limited and Embark Pensions Trustees (together “Contact”) concerning fraudulent misrepresentations made during a business assets sale.

During the negotiations, Mr Smith (the sole director of Contact) made representations to Glossop Cartons concerning the electricity supply and as to the incidence of flooding. Shortly after Glossop Cartons purchased the Contact business, an electricity supply  was cut-off and there were serious flooding issues.

In the High Court, Mr Smith (belatedly) admitted he made a number of fraudulent misrepresentations to achieve the business asset sale.

The High Court only awarded limited damages.

Glossop Cartons appealed.

The appeal was heard by Sir Geoffrey Vos, Master of the Rolls, Lord Justice Birss and Lord Justice Warby. The Court of Appeal awarded Glossop Cartons substantial damages and costs.

In his judgment, Sir Geoffrey Vos found Glossop Cartons were entitled to recover the difference between the price paid and the assessed market value of the assets purchased, “whatever miscalculations it may have made in entering into the transaction”. He held the High Court had erred in awarding damages based on what Glossop Cartons had “factored in” their calculation of the purchase price.

Andrew Ryan – Partner and Head of Dispute Resolution at Davis Blank Furniss – said: “We are delighted the Court of Appeal found in favour of Glossop Cartons and awarded substantial damages and costs. We also hope the decision will help other victims  of fraud”.

Glossop Carton and Print Limited -v- Contact (Print and Packaging) Limited and Others [2021] EWCA Civ 639



Read what our clients have to say...

View All

Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.

Ben Armitage

“Very approachable, practical solutions to problems, but most of all very responsive which I personally think is very important because if you need help, you need it quickly, or at least to know someone is looking at it for you”.

Joanne Rowe, Finance Director, Greater Manchester Chamber

“Always able to contact, very approachable, friendly and professional”

Nives Feely, JAM Recruitment

“I believe I have been able to establish a professional working relationship with everyone I have come into contact. Importantly, I sense the relationships which have been established give me the confidence that I can make contact with Davis Blank Furniss at any time and on any matter. I would also like to express my thanks to the very impressive “gatekeepers” who work in reception, not only for making me very welcome, but also for their professionalism”

Bill Pryke, CEO, Chartered Institution of Civil Engineering Surveyors

“Thank you for your efficient and friendly help throughout this process. We have had it easy but your approach has been part of that”.

Robert Amsbury (Conveyancing Client)

“I would like to take this opportunity to thank you personally for the ongoing support and assistance the firm has offered to our parents over the years. I hope also that we may be able to call on you if necessary in the future.”

Valerie Fisher (Probate Client)

“Jo always provides great service, understands our needs and delivers on her promises. Our needs are relatively simple but the complexity arises out of the volume of work and short time frames, Jo always delivers.”

Peter Fernandez, Corporate Director at Royal Bank of Scotland

“A big thank you to all who dealt with my wife’s claim… We would not hesitate to recommend Davis Blank Furniss to anyone that may be in a situation like we have been…”

Anon (Personal Injury client)

“Before putting my case in Kirsty (Morbey)’s capable hands I’ve met a couple of other solicitors. None of them listen to me as intently as Kirsty and showed me as much empathy and understanding as she did. Simultaneously she was able to look at my case from legal perspective, explain all the options and follow each of our meetings with written summary of the discussed matters (in timely manner). Her advice was invaluable and led me to successfully ending the case matter (hopeful for good). I’m forever grateful for he work and would definitely recommend her to anyone looking for reliable, knowledgeable and committed solicitor”.

Anon (Family client)
5 star service

Our Manchester office is rated 5 stars on Google