Actionable misrepresentation and negligent misstatement

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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...
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9th Nov
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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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Produced in partnership with Nicolas Pointon and Michelle Radom of Clyde and Co 12th Jan
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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
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This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...
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9th Nov
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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
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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...
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9th Nov
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Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
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9th Nov
Practice notes
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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Precedents
[insert name and address of defendant or defendant'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 12th Jan
Practice notes
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...
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Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 12th Jan
Practice notes
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...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
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There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with variation of contracts concern...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov

Most recent Actionable misrepresentation and negligent misstatement content

Practice notes
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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18th Jan
Practice notes
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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Produced in partnership with Charles Spragge of Druces 18th Jan
Practice notes
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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Produced in partnership with Charles Spragge of Druces 18th Jan
Practice notes
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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Produced in partnership with Charles Spragge of Druces 18th Jan
Practice notes
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 18th Jan
Practice notes
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 18th Jan
Practice notes
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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Produced in partnership with Charles Spragge of Druces 11th Jan
Practice notes
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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11th Jan
Practice notes
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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Produced in partnership with Charles Spragge of Druces 11th Jan
Practice notes
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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Produced in partnership with Charles Spragge of Druces 11th Jan
Practice notes
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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Produced in partnership with Charles Spragge of Druces 11th Jan
Q&As
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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6th Dec
Q&As
Privity of contract and liabilityAlthough contractual rights and benefits generally are (subject to express contractual provisions to the contrary)...
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6th Dec
Practice notes
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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3rd Dec
Q&As
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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28th Nov
Q&As
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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28th Nov
Q&As
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...
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28th Nov
Q&As
Limitation periods for claims in tortA negligent misstatement claim is a tort action. In general, the limitation period for torts are governed by...
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28th Nov
Q&As
For further guidance on a claim under Fraud Act 2006 (FrA 2006), see Practice Note: Fraud by false representation.Untrue warranty scenarioThis...
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28th Nov

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