Quinn v CC Automotive Group Ltd (t/a Carcraft)

LORD JUSTICE MUMMERY LORD JUSTICE SULLIVAN and LORD JUSTICE GROSS ____________________

Paul Lakin (instructed by Chadwick Lawrence Solicitors) for the Appellant Mark Harper (instructed by Greenhalghs) for the Respondent Hearing dates : 18/11/2010 ____________________

i) As of July, 2005, A was in possession of a Silver Jaguar ("the Silver Jaguar"), the subject of a hire purchase agreement arranged through the Claimant in the original proceedings, Black Horse Limited ("Black Horse").

ii) The wedding of the A's daughter was due to take place (and, happily, so far as we are aware, did take place) on the 22 nd July. A wished to purchase a new Jaguar, preferably red, for the occasion. With that in mind, A went to R's showroom in Leeds on the 4 th July.

iv) As the Judge held and was not in dispute before this Court, later on the 4 th July, K telephoned A's wife ("Mrs Quinn") to say that he had located a Red Jaguar and invited A and Mrs Quinn to return to the showroom on the 5 th July, with a view to buying the Red Jaguar instead of the Blue Jaguar. Accordingly, on the 5 th July, A and Mrs Quinn again went to R's premises, where K showed them a Red Jaguar on a computer screen; they were told that the car was physically in Bury, hence they were shown the picture/s on the screen.