Caveat Emptor

Jun 5, 2014

Caveat Emptor

Our client sold a vehicle. After completion of the sale, the purchaser claimed that the vehicle seat and the gear-box were defective.

Our clients attended a Case Management Conference. They felt intimated by their opponent and by the judge.

They contacted our office and arranged an appointment with Mr Javed Patel, Solicitor. In the first meeting, a proper litigation strategy was put into place; it was a bench mark to the entire proceedings.

A costs warning letter was sent to the other side warning that their claim enjoys no reasonable prospect of success and they have no legal basis to bring such a misconceived claim in the county court.

On the date of the hearing, the other-side presented an appalling case during the cross-examination. They also claimed that our clients should reimburse the purchase price and pay £50,000 legal costs.

The Deputy District Judge went through the whole case in depth for two complete days and then formed his judgement that the entire claim was totally misconceived.

He rejected three expert reports of which the purchaser has obtained.

Finally, he confirmed in his lengthy decision that Caveat Emptor applies to this case; and the purchaser had ample opportunity to check the quality and suitability of the car. The Claimant’s case of misrepresentation in relation to car’s mileage was rejected.

In fact, the majority of the judgement reflected the written advice that Legal Comfort Solicitors gave to their clients in the first meeting on Caveat Emptor, to an extent it also reflected what had been written in the initial costs warning letter.

Our clients have successfully defended this misconceived claim. They were also awarded with 100% legal cost that becomes due and payable within 28 days.

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