Actionable misrepresentation and negligent misstatement

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Practice notes
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)?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)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 contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
Practice notes
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 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 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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19th May
Precedents
[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...
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19th May
Practice notes
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 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
Practice notes
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 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 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 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)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?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...
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13th Sep
Practice notes
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
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?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 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 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 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 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 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
Practice notes
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 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 considerationsA claim for negligent misrepresentation may often be brought...
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19th Aug
Practice notes
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?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...
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18th Aug
Q&As
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
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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