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Actionable misrepresentation and negligent misstatement

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Latest Dispute Resolution News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Rectification, intimidation and justification in commercial fraud (GDS v NCR)

Rectification, intimidation and justification in commercial fraud (GDS v NCR)

The following Commercial news provides comprehensive and up to date legal information on Rectification, intimidation and justification in commercial fraud (GDS v NCR)

Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

The following Dispute Resolution news provides comprehensive and up to date legal information on Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Featured Dispute Resolution content

Civil fraud—dishonesty and standard of proof

Civil fraud—dishonesty and standard of proof

This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per...

Forming enforceable contracts—the court's general approach

Forming enforceable contracts—the court's general approach

Note: this Practice Note is concerned only with the creation of binding legal relations by way of contract (whether in writing or orally) and is not...

Instructing an expert under the Guidance for the instruction of experts in civil claims

Instructing an expert under the Guidance for the instruction of experts in civil claims

This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...

Strike out—after a strike out order has been made

Strike out—after a strike out order has been made

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Practice notes

The tort of procuring a breach of contract

As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
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9th Nov
Practice notes

Challenging court jurisdiction—general principles

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...
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9th Nov
Practice notes

Knowing receipt and dishonest assistance claims

Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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9th Nov
Practice notes

Detailed assessment—default costs certificate

The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...
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9th Nov
Practice notes

Hague Service Convention—service outside the jurisdiction

Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
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9th Nov
Practice notes

Charging orders—what are they and when to use them—CPR 73

This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in...
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9th Nov
Practice notes

Default judgment—general principles for setting aside

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For...
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9th Nov
Practice notes

Strike out applications—what, who and when

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes

Case management—court's powers—Dispute Resolution

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes

Mediation—advantages and disadvantages

What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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9th Nov
Practice notes

Making an additional claim under CPR 20—contribution and indemnity claims

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes

Pre-action disclosure—the application

This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...
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9th Nov
Practice notes

Tort claims—causation in law

In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in...
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Produced in partnership with Laurence Page of Hardwicke Chambers 12th Jan
Practice notes

Quia timet injunctions

What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see...
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9th Nov
Practice notes

Proprietary estoppel

This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
Practice notes

Novation—why and how to novate a contract

There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their...
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Produced in partnership with Jon Chapman of Clarkslegal LLP 12th Jan
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Most recent Actionable misrepresentation and negligent misstatement content

Practice notes

The tort of deceit

Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that...
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27th Apr
tag iconIn-house
Practice notes

Misrepresentation—rescission as a remedy

This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when...
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27th Apr
Practice notes

Claiming negligent misrepresentation or negligent misstatement—practical considerations

A claim for negligent misrepresentation may often be brought alongside or in the alternative to a claim for negligent misstatement. It is therefore...
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8th Apr
Practice notes

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...
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8th Apr
Practice notes

Misrepresentation—damages as a remedy

This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...
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8th Apr
Practice notes

Negligent misstatement—defences and remedies

There are a number of ways in which liability for negligent misstatement may be avoided and/or limited. For details on founding a claim of negligent...
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Produced in partnership with Professor Richard A Buckley 8th Apr
Practice notes

Misrepresentations—excluding and limiting liability for them

This Practice Note sets out when and how parties can seek to limit or exclude liability for misrepresentations by reference to section 3 of the...
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8th Apr
Practice notes

Misrepresentation—what statements will establish a claim?

This Practice Note considers the requirement for there to be a false statement of fact for an actionable misrepresentation. For details of the other...
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8th Apr
Practice notes

Negligent misstatement—founding a claim

Similar but different to a claim for actionable misrepresentation are claims for negligent misstatement. This Practice Note sets out when and how such...
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Produced in partnership with Professor Richard A Buckley 8th Apr
Practice notes

Misrepresentation—what it is and similar claims

This Practice Note describes what an actionable misrepresentation is, the essential elements of the Misrepresentation Act 1967 (MA 1967) and provides...
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8th Apr
Practice notes

Misrepresentation—what is inducement?

This Practice Note considers the requirement for the representor both to have intended to and actually to have induced the representee, by their...
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8th Apr
Practice notes

The remedy of damages—general principles

What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...
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31st Mar
Q&As

Can a contract be rescinded if, subsequent to the contract being concluded, one party attempts to redefine the terms?

In order to determine whether an event has occurred, which enables a party to rescind a contract, it is necessary to consider whether the activity...
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15th Feb
Q&As

Is a main contractor liable to the customer for the fraudulent actions of its sub-contractor in performing sub-contracted services to the customer?

Privity of contract and liabilityAlthough contractual rights and benefits generally are (subject to express contractual provisions to the contrary)...
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15th Feb
Q&As

What are the potential remedies to where there is an accusation of forged signatures on time sheets provided by temporary staff to their agency for payment?

DeceitYou may want to consider content on the tort of deceit, which, if made out, may give rise to damages. A deceit occurs when a misrepresentation...
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11th Feb
Q&As

If a corporate entity buys a company but does not disclose the true identity of its shareholders, can the seller bring a claim against the buyer?

Is the answer affected if the seller is a director of the company that was sold is on an earn out?In conducting our research we have focussed on...
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11th Feb
Q&As

Is 'actual knowledge' a defence to a misrepresentation claim? The claimant (the representee) was advised of the issue which is the subject of the claim before completion.

A claim for misrepresentation arises where one party to a contract (the representor) made an untrue statement that induced the other (the representee)...
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11th Feb
Q&As

What potential liabilities does a financial adviser face when providing a ‘fairness opinion’ on a takeover transaction?

Fairness opinionA ‘fairness opinion’ is usually understood as meaning a professional opinion provided by an investment bank or other adviser as to...
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11th Feb
Q&As

Where, in selling B’s goods on behalf of B, B’s agent provides to A documents independently produced by C as to the status of the goods and A relies on those documents in purchasing B’s goods; if the goods are defective, does A have a cause of action against B, B’s agent or C? In contract and/or in tort? Does it make any difference if the sale documents contain a non-reliance clause?

This Q&A assumes that A is a consumer and not a business.Who to sue?In this Q&A the brokerage acts as B’s agent. A principal (here B) is normally...
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11th Feb
Q&As

Section 2(1) of the Misrepresentation Act 1967 allows a claimant to claim damages for non-fraudulent misrepresentation, unless the representor can prove they had reasonable grounds for believing the statement to be true. If the representor had reasonable grounds for believing the statement to be true, would this mean that the misrepresentation was made innocently? In what circumstances could a claimant claim damages for negligent misrepresentation?

What is a claim for misrepresentation?A claim for misrepresentation arises where one party to a contract (the representor) made an untrue statement...
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Produced in partnership with Niranjan Venkatesan of One Essex Court Chambers 8th Jan

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The doctrine of res judicata

The doctrine of res judicata

What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by

Fiduciary Duties

Fiduciary Duties

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Tort—the different types of tort

Tort—the different types of tort

This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product