After a two week trial, Ian Clarke QC and Nicholas Trompeter QC, instructed by Simon Silver of SPB Law, were successful in defending an £8m claim in fraudulent misrepresentation. In handing down his judgment in Ahuja Investments Ltd v Victorygame Ltd [2021] EWHC 2382 (Ch), HHJ Hodge QC (sitting as a Judge of the High Court) agreed that there was no reliance by the Claimant on the (admittedly false) statements made by the Defendants and accepted their criticism of the Claimant’s expert when determining that there would have been no loss in any event. A substantial judgment was also entered in the First Defendant’s counterclaim. The case is noteworthy for being unusual in a number of regards including the successful discharge of the evidential burden by a Defendant to show non-reliance when the representations were held to be fraudulent and the drawing of (favourable) adverse inference from the failure by the Claimant to call certain witnesses.
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