Durberg v Small / Johnstone v Djurberg (Chancery Division, 1 September 2017)
Adam Rosenthal represented the buyers of houseboats at a trial of two separate claims against Myck Djurberg, who agreed to sell them luxury houseboats to live in at Hampton Riviera. After payment of the purchase monies and after the boats had been handed over to them, the buyers were met with further charges to moor the boats at Hampton Riviera and they subsequently learned that in any event, there was no planning permission for permanent residential moorings at Hampton Riviera. However, it was held that the boats were, effectively, worthless because there were no other locations on the River Thames where they could be moored.
The 8-day trial (in May 2017) involved questions as to misrepresentation and estate agents’ particulars, incorporation in contracts of terms agreed orally, entire agreement clauses and their enforceability under UCTA 1977 and payments made under duress. In the judgment, handed down on 1 September 2017, the buyers were awarded substantial damages to reflect the losses caused to them for misrepresentation and for breach of contract.
A copy of the judgment can be found here
The case was also reported in the local and national press. A copy of the article which appeared in The Times can be found here:
https://www.thetimes.co.uk/article/couples-win-refunds-after-dreams-of-living-on-a-thames-houseboat-near-hampton-court-are-sunk-8jmtgbp22?shareToken=10c2f7ced54156ff1c3665b69e8798f7
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