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Actionable misrepresentation and negligent misstatement

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Latest Dispute Resolution News

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

The following Dispute Resolution news provides comprehensive and up to date legal information on Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

A tale of too many applications (Desporte v Bull)

A tale of too many applications (Desporte v Bull)

The following Dispute Resolution news provides comprehensive and up to date legal information on A tale of too many applications (Desporte v Bull)

End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

The following Commercial news provides comprehensive and up to date legal information on Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

Featured Dispute Resolution content

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It...

Submission of no case to answer

Submission of no case to answer

Submission of no case to answerIntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it...

The doctrine of res judicata

The doctrine of res judicata

The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...

Serving outside the jurisdiction with court permission—application and order

Serving outside the jurisdiction with court permission—application and order

This Practice Note addresses issues when serving out of the jurisdiction and the permission of the court is required. It explains how to make an...

Practice notes

What is a tort?

What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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19th May
Practice notes

How to apply for a third party debt order (TPDO)

How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
Practice notes

Third party rights—the common law doctrine of privity of contract

Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
tag iconIn-house
Practice notes

Skeleton arguments

Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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19th May
Practice notes

Equitable remedies in contractual disputes

Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes

Default judgment—requirement to set aside promptly under CPR 13.3

Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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19th May
Precedents

Part 36 offer—defendant Part 36 offer letter

[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Q&As

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as valid?

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes

Fixed costs—money claims

Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
Practice notes

Witness summons

Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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19th May
tag iconCOVID-19
Practice notes

Costs budgeting—completing Precedent H (costs budget)

Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
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19th May
Practice notes

Contract interpretation—terms implied by law

Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes

The tort of procuring a breach of contract

The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes

Documents to be served on the defendant

Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent Actionable misrepresentation and negligent misstatement content

Q&As

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

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...
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15th Sep
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?

Is a main contractor liable to the customer for the fraudulent actions of its sub-contractor in performing sub-contracted services to the...
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13th Sep
Practice notes

The remedy of damages—general principles

The remedy of damages—general principlesWhat are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a...
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13th Sep
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?

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...
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13th Sep
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?

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...
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13th Sep
Q&As

When might an untrue warranty amount to fraud under the Fraud Act 2006, s 2?

When might an untrue warranty amount to fraud under the Fraud Act 2006, s 2?For further guidance on a claim under Fraud Act 2006 (FrA 2006), see...
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2nd Sep
Practice notes

Misrepresentation—damages as a remedy

Misrepresentation—damages as a remedyThis Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference...
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23rd Aug
Practice notes

Misrepresentation—what it is and similar claims

Misrepresentation—what it is and similar claimsThis Practice Note describes what an actionable misrepresentation is, the essential elements of the...
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19th Aug
Practice notes

Misrepresentation—rescission as a remedy

Misrepresentation—rescission as a remedyThis Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why...
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19th Aug
Practice notes

Misrepresentations—excluding and limiting liability for them

Misrepresentations—excluding and limiting liability for themThis Practice Note sets out when and how parties can seek to limit or exclude liability...
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19th Aug
Practice notes

The tort of deceit

The tort of deceitDeceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently...
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19th Aug
tag iconIn-house
Practice notes

Negligent misstatement—founding a claim

Negligent misstatement—founding a claimSimilar but different to a claim for actionable misrepresentation are claims for negligent misstatement. This...
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Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading 19th Aug
Practice notes

Negligent misstatement—defences and remedies

Negligent misstatement—defences and remediesThere are a number of ways in which liability for negligent misstatement may be avoided and/or limited....
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Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading 19th Aug
Practice notes

Claiming negligent misrepresentation or negligent misstatement—practical considerations

Claiming negligent misrepresentation or negligent misstatement—practical considerationsA claim for negligent misrepresentation may often be brought...
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19th Aug
Practice notes

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)A claim for misrepresentation requires that the statement made must...
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18th Aug
Practice notes

Misrepresentation—what statements will establish a claim?

Misrepresentation—what statements will establish a claim?This Practice Note considers the requirement for there to be a false statement of fact for an...
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18th Aug
Q&As

If someone misrepresents that they have the royal charter, what are the consequences for another party relying on such misrepresentation and what are the consequences of the party making the misrepresentation generally?

If someone misrepresents that they have the royal charter, what are the consequences for another party relying on such misrepresentation and what are...
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18th Aug
Q&As

From what point does the limitation period in respect of a negligent misstatement claim run?

From what point does the limitation period in respect of a negligent misstatement claim run?Limitation periods for claims in tortA negligent...
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18th Aug
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?

Section 2(1) of the Misrepresentation Act 1967 allows a claimant to claim damages for non-fraudulent misrepresentation, unless the representor can...
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Produced in partnership with Niranjan Venkatesan of One Essex Court Chambers 18th Aug
Q&As

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

What potential liabilities does a financial adviser face when providing a ‘fairness opinion’ on a takeover transaction?Fairness opinionA ‘fairness...
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18th Aug

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Arms length management organisations (ALMOs)

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