Jeffrey Pattinson v Spencer Flack [2002] E.W.C.A. Civ 1820 (C.A.)

Facts: The case centres on a rare historic racing car, a single-seater front-engined Lotus 16, Chassis No. 367. It was purchased by the famous racing driver, Mr Innes Ireland for the 1959 Formula 2 motor racing season. It seems that between May and August 1959 he drove the car then fitted with a 1.5 litre engine in about six Formula 2 races. If the car had been fitted with a 2.5 litre engine which it was capable of taking it would have been suitable for racing in the Formula 1 class but this larger engine was never fitted by Innes Ireland nor was the car ever raced by him with a 2.5 litre engine. At the end of the 1959 season Innes Ireland sold the car to a Mr Finney who exported it. Late in 1996 or early in 1997 the car was bought by a British vintage racing car enthusiast and dealer. Mr Pattinson raced the Lotus at the Coys Festival. He was racing against the claimant Mr Spencer Flack, another well known vintage racing car enthusiast, driving a Maserati. Thus, when late in 1998 or early in 1999 Mr Flack saw the Lotus again in Mr Griswold’s workshop where his own car was also receiving attention, he began to express some interest in it. Mr Griswold showed Mr Flack a series of motor magazines about the car and gave him the clear impression that Innes Ireland had driven the car in Formula 1 races in 1959 which was what Mr Griswold says he believed at the time. He also showed him the American HVIF papers. Mr Flack did not look carefully at them. This claim was brought because Mr Flack alleged that he was induced to purchase by material misrepresentations known to be false.