000 01813cad a22001935a 4500
001 E148751
008 091104e20091002xxk v 000 0 eng d
035 _a(Sirsi) u148751
041 0 _aeng
245 0 0 _aK/S Lincoln and Ors v CB Richard Ellis Hotels Limited
_h[electronic resource]
260 _c2009
520 _a[2009] EWHC 2344 (TCC) 2 October 2009. Involves a preliminary application by K/S Lincoln and others (L) to strike out part of CB Richard Ellis Hotels' (C) defence to a professional negligence claim against it, which contained an allegation of unlawful tax evasion against L. C had carried out valuations of hotels for L, which were special purpose vehicles established by a Danish company to buy hotels in England. L brought proceedings against C, claiming that due to their negligence L had paid too much for the hotels. In reponse, C argued that the price of the hotels had been uplifted by L by 8% to disguise the nature of the payments for tax evasion purposes. L claimed that the 8% was not disguised and that it was for associated costs. The Court cannot help someone who founds his cause of action on an immoral or illegal act, however the Court said that the the alleged fraud was too remote from C's alleged negligence to lead to the negligence claim being dismissed due to illegality. The Court set out how matter should proceed in the light of this, but did not decide on the striking-out application.
590 _aKA
650 2 4 _aKS LINCOLN AND ORS V CB RICHARD ELLIS HOTELS LIMITED
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RESIDENTIAL PROPERTY-COMMUNAL RESIDENTIAL PROPERTY-COMMUNAL RESIDENTIAL FACILITIES-HOTELS
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/TCC/2009/2344.html
_zView the judgement free of charge at www.bailii.org...
942 _n0
999 _c81943
_d81943