Actionable misrepresentation and negligent misstatement

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Damages—causation of loss where specific discrete breaches of contract proved (YJB Port v M&A Pharmachem)

The following Commercial news provides comprehensive and up to date legal information on Damages—causation of loss where specific discrete breaches of contract proved (YJB Port v M&A Pharmachem)

Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

The following Arbitration news provides comprehensive and up to date legal information on Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

Permission to serve a claim out of the jurisdiction is upheld (Lyle & Scott v American Eagle Outfitters)

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Continued recognition of civil judgments between the UK and Norway

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Featured Dispute Resolution content

Proprietary estoppel

This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice...

Forum non conveniens—scope and application

This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be...

Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

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

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...

Practice notes

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 identifies scenarios in which a party may apply for a stay of...

9th Nov

Practice notes

Anti-suit injunctions

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

Produced in partnership with Nicolas Pointon and Michelle Radom of Clyde and Co 12th Jan

Practice notes

CPR Part 8 claims (alternative procedure for 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...

9th Nov

Practice notes

Interim injunctions—the American Cyanamid guidelines

This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...

9th Nov

Practice notes

Grounds of appeal—introducing new evidence

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

9th Nov

Practice notes

Costs order—what happens when no order is made?

The general rule—no costs recoveryThe general rule is that where a court order does not make any provision as to costs the parties are not entitled to...

9th Nov

Practice notes

Discharge by frustration

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

9th Nov

COVID-19

In-house

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...

9th Nov

Precedents

Part 36 offer—claimant Part 36 offer letter

[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...

Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Jan

Practice notes

Loss of chance damages

This Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the...

Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 12th Jan

Practice notes

Contractual estoppel

This Practice Note discusses contractual estoppel as it has evolved from the decision in Peekay v ANZ Banking Group. For a summary of the key...

Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan

Practice notes

Limitation—latent damage

BackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued pursuant to section 2 of...

9th Nov

Practice notes

Admissibility of expert evidence

This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...

9th Nov

Practice notes

When is variation of a contract valid?

There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with variation of contracts concern...

9th Nov

Practice notes

Costs-only proceedings (Part 8)

This Practice Note explains costs only proceedings which are brought as Part 8 claims and are used to obtain a court order that there should be an...

9th Nov

Practice notes

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...

9th Nov

Most recent Actionable misrepresentation and negligent misstatement content

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...

18th Jan

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...

Produced in partnership with Charles Spragge of Druces 18th Jan

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...

Produced in partnership with Charles Spragge of Druces 18th Jan

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...

Produced in partnership with Charles Spragge of Druces 18th Jan

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...

Produced in partnership with Professor Richard A Buckley 18th Jan

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...

Produced in partnership with Professor Richard A Buckley 18th Jan

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...

Produced in partnership with Charles Spragge of Druces 11th Jan

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...

11th Jan

In-house

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...

Produced in partnership with Charles Spragge of Druces 11th Jan

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...

Produced in partnership with Charles Spragge of Druces 11th Jan

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...

Produced in partnership with Charles Spragge of Druces 11th Jan

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...

Produced in partnership with Niranjan Venkatesan of One Essex Court Chambers 8th Jan

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...

6th Dec

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)...

6th Dec

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...

3rd Dec

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...

28th Nov

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)...

28th Nov

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?

We have assumed for the purposes of this Q&A that ‘the royal charter’ means a royal warrant of appointment in relation to companies or tradespeople...

28th Nov

Q&As

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

Limitation periods for claims in tortA negligent misstatement claim is a tort action. In general, the limitation period for torts are governed by...

28th Nov

Q&As

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 Practice Note: Fraud by false representation.Untrue warranty scenarioThis...

28th Nov

Actionable misrepresentation and negligent misstatement

View Dispute Resolution by content type:

Latest Dispute Resolution News

Damages—causation of loss where specific discrete breaches of contract proved (YJB Port v M&A Pharmachem)

Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

Permission to serve a claim out of the jurisdiction is upheld (Lyle & Scott v American Eagle Outfitters)

Continued recognition of civil judgments between the UK and Norway

Featured Dispute Resolution content

Proprietary estoppel

Forum non conveniens—scope and application

Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

Most recent Actionable misrepresentation and negligent misstatement content

Popular documents

Contractual damages—pecuniary losses

Forming enforceable contracts—consideration

Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

Issue estoppel

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