| Commentary

D. Liability if no reference?

| Commentary

D.     Liability if no reference?

Logically one of the boundaries to liability for negligent mis-statement in the context of references must be where no reference is actually given. Legal and General Assurance Ltd v Kirk [2001] EWCA Civ 1803, [2002] IRLR 124 CA.

'A financial consultant, following the termination of his employment, faced a claim from his former employers for repayment of £7,500 in respect of what was alleged to be advance commission payments made to him. The sum was disputed and, in defending himself, the former employee counter-claimed for damages for

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