Mr McGhee said Mr Woodward-Fisher had known about moths in the house before he decided to sell up, but in pre-contract enquiries with solicitors said he was unaware of any "vermin infestation" or "defects" in the house that weren't visible.
But a few days after she and her dentist husband Dr Yevhen Hunyak moved in, Ms Patarkatsishvili said she spotted the first signs of a winged “infestation,” sparking the couple’s multi-million pound claim against seller, William Woodward-Fisher, when she innocently told her husband: “there’s a moth flying around here”.
Their barrister, Mr McGhee, claimed Dr Hunyak ended up having to swat around 100 moths a day to stay on top of the problem, and even now after intensive sprays and expert treatment, still maintains a daily kill count of up to 35.
His KC, Jonathan Seitler, insisted Mr Woodward-Fisher had been honest when dealing with the enquiry about possible previous “vermin infestation,” having told his solicitor they had experienced problems with moths, only to be assured that “moths were not vermin and therefore not relevant to this enquiry”.
Ruling in the couple's favour, Mr Justice Fancourt found that they had been led into the purchase by Mr Woodward-Fisher's "fraudulent misrepresentation" about the state of the property.
