Claim for damages, for fraudulent and/or negligent misrepresentation under the Misrepresentation Act 1967. Citations: [2009] EWCA Civ 592 Links: Bailii Jurisdiction: England and Wales Torts – Other Updated: 20 December 2022; Ref: scu.347215
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008
The defendants sought summary judgment strinking out the claims against them in deceit and misrepresentation in the making of an agreement for a sale of the claimant’s share of the net profits in an oil concession. Held: Before giving summary judgment under CPR 24(a)(i) the Court must be satisfied that the Claimant has no real … Continue reading Mabanga v Ophir Energy Plc and Another: QBD 15 Jun 2012
The parties came together in a limited partnership to develop property. The appeal was against a refusal to grant summary judgment on a claim that one party had been induced to enter the contract by a fraudulent misrepresentation. Held: In this case, the defendant knew of the unlawful activity, and had no arguable defence, and … Continue reading Criterion Properties Plc v Stratford UK Properties and others: CA 18 Dec 2002
Claim for damages for misrepresentation Judges: Andrew Baker QC Citations: [2016] EWHC 1909 (Comm) Links: Bailii Statutes: Misrepresentation Act 1967 Jurisdiction: England and Wales Torts – Other Updated: 13 October 2022; Ref: scu.567884
Judges: Mr Justice Teare Citations: [2017] EWHC 3107 (Comm) Links: Bailii Statutes: Misrepresentation Act 1967 2(1) Jurisdiction: England and Wales Citing: See Also – Aspen Underwriting Ltd and Others v Kairos Shipping Ltd and Others ComC 27-Jul-2017 . . Cited by: Appeal from – Aspen Underwriting Ltd and Others v Credit Europe Bank Nv CA … Continue reading Aspen Underwriting Ltd and Others v Credit Europe Bank Nv: ComC 1 Dec 2017
Judges: Lord Justice Kennedy Citations: [2002] EWCA Civ 547 Links: Bailii Statutes: Misrepresentation Act 1967 1(1) Jurisdiction: England and Wales Torts – Other Updated: 07 September 2022; Ref: scu.170241
The court was asked as to whether representations has been made. Held: Aikens LJ referred to a provision stating ‘no representation or warranty, express or implied, is or will be made . . in or in relation to such documents or information’, and to dicta of Christopher Clarke J in Raffeissen said: ‘I would therefore … Continue reading Springwell Navigation Corporation v JP Morgan Chase Bank and Others: CA 1 Nov 2010
The court was asked whether certain provisions fell within section 3 of the Misrepresentation Act. Held: Christopher Clarke J referred to dicta of Gloster J and said: ‘In Springwell Gloster J took the view that terms which simply defined the basis upon which the parties were transacting business did not fall within section 2 of … Continue reading Raiffeisen Zentralbank Osterreich Ag v The Royal Bank of Scotland Plc: ComC 11 Jun 2010
The parties had agreed a compromise on the leaving of the defendant as manager. The club now said that the agreement had been obtained by fraudulent misrepresentation. He had been released but had said he had not had contact with another London club when this was not true. Held: The tort of deceit is committed … Continue reading Crystal Palace FC (2000) Ltd v Dowie: QBD 14 Jun 2007
Moore-Bick LJ discussed whether the court should give effect to a non-reliance clause in a contract saying: ‘It is common to include in certain kinds of contracts an express acknowledgement by each of the parties that they have not been induced to enter the contract by any representations other than those contained in the contract … Continue reading Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd: CA 6 Apr 2006
Dispute following purchase of share capital of football club. Citations: [2018] EWHC 2884 (Ch) Links: Bailii Statutes: Misrepresentation Act 1967 2 Jurisdiction: England and Wales Torts – Other, Contract Updated: 03 July 2022; Ref: scu.628955
Citations: [2004] EWHC 323 (Ch) Links: Bailii Statutes: Misrepresentation Act 1967 2(1) Jurisdiction: England and Wales Torts – Other Updated: 30 June 2022; Ref: scu.239288
The claimant alleged mis-selling of an emerging markets investment product. The defendant claimed that whilst there might have been a misrepresentation, by the time the contract was formed, correct information had been provided and incorporated in the contract. Held: The later correction did not correct the earlier misrepresentation. The claimant’s agent had signed every page … Continue reading Peekay Intermark Ltd and Another v Australia and New Zealand Banking Group Ltd: ComC 25 May 2005
The defendants appealed a finding of fraudulent misrepresentation, saying that no damages had in fact flowed from any misrepresentation. Citations: [2000] EWCA Civ 161, [2001] QB 488 Links: Bailii Statutes: Misrepresentation Act 1967 Jurisdiction: England and Wales Citing: Cited – Doyle v Olby (Ironmongers) Ltd CA 31-Jan-1969 The plaintiff had been induced by the fraudulent … Continue reading Clef Aquitaine Sarl and Another v Laporte Materials (Barrow) Ltd (Sued As Sovereign Chemical Industries Ltd): CA 18 May 2000
The plaintiff had contracted to purchase software from the respondent. The system failed to perform, and the defendant sought to rely upon its exclusion and limitation of liability clauses. Held: It is for the party claiming that a contract term satisfies the requirement of reasonableness to show that it does. To decide whether term was … Continue reading Watford Electronics Ltd v Sanderson CFL Ltd: CA 23 Feb 2001
The claimant sought damages, alleging misrepresentation. Held: Damages under section 2(1) of the 1967 Act are assessed on the fraud measure. The court drew a distinction between a factor which is observed or considered by a plaintiff, or even supports or encourages his decision, and a factor which is sufficiently important to be called a … Continue reading Avon Insurance v Swire Fraser Ltd: 2000
In a criminal conspiracy to evade fuel duties, the fact that the defendant had first obtained counsel’s opinion was no defence. Judges: Buckley LJ Citations: [1967] 2 AC 224 Jurisdiction: England and Wales Cited by: Cited – Belmont Finance Corporation Ltd v Williams Furniture Ltd (No 2) 1980 It had been alleged that there had … Continue reading Churchill v Walton: CA 1967
The landlord sought an injunction against the defendant. The defendant countered, relying upon sec 2(1). Held: The remedy provided by the section was limited to the award of damages. It could not, therefore, be used to defend an action for an injunction. Whilst he might be entitled in equity to repudiate the lease, he could … Continue reading Inntrepreneur Pub Company (CPC) and Another v Sweeney: ChD 27 May 2002
In a contract for the purchase of airplanes, the plaintiff claimed misrepresentation, and as a result, rescission and damages. The issue was whether, once the right to rescind had been lost, any claim for damages had also lapsed under section 2(2). Held: The power to award damages was properly an alternative to rescission, which a … Continue reading Zanzibar v British Aerospace (Lancaster House) Ltd: QBD 31 Mar 2000
ComC Lloyd’s Litigation – Misrepresentation, fraudulent – Rescission, restitutio in integrum – Rescission, effect on third parties’ rights – Anti-set-off clauses, counterclaim for fraud – Pay now, sue later clauses, counterclaim for fraud – Lloyd’s, membership, rescission – Misrepresentation Act 1967, Section 3, meaning – Stay of Execution, contractually excluded Judges: Colman J Citations: [1997] … Continue reading Society of Lloyd’s v D Leighs and Others; Society of Lloyd’s v D Wilkinson and Others (No. 2): ComC 23 Apr 1997
Purchasers had set out to buy the property without having a survey, relying upon representations as to its condition, later found to be fraudulent, from the vendor. The condition was discovered only after exchange of contracts. The purchasers’ solicitors were not negligent in advising the purchaser as to the dire consequences of not completing, since … Continue reading Neighbour v Barker: CA 1992
Plaintiffs who lived in Russia sought damages for defamation against an American magazine with a small distribution in England. Both plaintiffs had real connections with and reputations in England. A judgment in Russia would do nothing to repair the reputations in England, and accordingly the proper place to sue was in England. Under English law … Continue reading Berezovsky v Forbes Inc and Michaels; Glouchkov v Same: HL 16 May 2000
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for misrepresentation. The policies were novel and sophisticated contracts and included clauses modifying the duties of … Continue reading HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others: HL 20 Feb 2003
An agreement between the parties for assignment or novation of a credit agreement, contained a ‘take out’ agreement (‘TOA’). The defendant began proceedings in California to rescind the agreement, and the claimants obtained summary judgement under the TOA and an injunction to prevent the defendants proceeding in California. The defendants appealed. There were allegations of … Continue reading National Westminster Bank v Utrecht-America Finance Company: CA 10 May 2001
Moore-Bick VP CA, Tomlinson, Simon LJJ [2016] EWCA Civ 1262, [2016] WLR(D) 660 Bailii, WLRD Misrepresentation Act 1967 2(1) England and Wales Citing: Appeal from – Taberna Europe Cdo Ii Plc v Selskabet Af1.September 2008 In Bankruptcy ComC 30-Mar-2015 The claimant claimed substantial damages in respect of one or more alleged misrepresentations made by or … Continue reading Taberna Europe Cdo Ii Plc v Selskabet Af 1 September 2008 In Bankruptcy: CA 8 Dec 2016
The club had enjoyed a concession from the council to operate pleasure flights from the airport operated by the council. They were invited to bid for a new concession subject to strict tender rules. They submitted the highest bid on time, but the council staff did not open the bid until after the time, and … Continue reading Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council: CA 25 May 1990
Longmore, Patten LJJ, Roth J [2015] EWCA Civ 745 Bailii Misrepresentation Act 1967 England and Wales Contract, Torts – Other Updated: 02 January 2022; Ref: scu.550372
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job. Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. Hamblen J [2009] EWHC 1253 (QB) Bailii England and Wales Citing: Cited – Fowkes And Another, … Continue reading Cheltenham Borough Council v Laird: QBD 15 Jun 2009
The appellant entered into two aircraft leasing agreements but were unable to maintain payments. They appealed against rejection of their argument that the agreements were not exempt from the controls under the 1977 Act by being international supply agreements. Held: The appeal failed. The intention of section 26 was to exclude such agreements entirely from … Continue reading Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd: CA 2 Apr 2009
The claimants had bought a painting (Odalisque) through the defendant auctioneers. They now claimed that it had been misattributed to Kustodiev, and claimed in negligence and misrepresentation. Held: Based on the connoisseurship evidence, the painting was likely not to be by Kustodiev. The claimant was entitled under the contract to cancel the contract and recover … Continue reading Avrora Fine Arts Investment Ltd v Christie, Manson and Woods Ltd: ChD 27 Jul 2012
The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty. Held: The appeal failed. An account of profits should be available in a cartel … Continue reading Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008
The parties had contracted for the sale of land. The purchaser secured the rescinding of the contract for innocent misrepresentation. A notice of a relevant planning application had not been passed on by the seller’s solicitors. The seller appealed saying that the judge had been wrong to find that condition 7.1.3 of the Standard Conditions … Continue reading Cleaver and Others v Schyde Investments Ltd: CA 29 Jul 2011
Registration of a distinctive Internet domain name using registered trade marks and company names could be an infringement of a registered Trade Mark, and also passing off. It was proper to grant quia timet injunctions where necessary to stop registration: ‘a jurisdiction to grant injunctive relief where a defendant is equipped with or is intending … Continue reading British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others: CA 23 Jul 1998
The claimant as PR of her husband’s estate sought damages for misrepresentation and, against his former solicitiors for negligence in regards to the boundaries of a property he had bought from the first defendants using the second defendants as his solicitors. The first defendant said the claim was time barred. The six year period had … Continue reading Green v Eadie and Others: ChD 18 Nov 2011
Contract Damages; What follows the Breach Naturaly The plaintiffs had sent a part of their milling machinery for repair. The defendants contracted to carry it, but delayed in breach of contract. The plaintiffs claimed damages for the earnings lost through the delay. The defendants appealed, saying that the damages were too remote. Held: The case … Continue reading Hadley v Baxendale: Exc 23 Feb 1854
The plaintiff had booked a holiday through the defendant travel tour company. He claimed damages after the holiday failed to live up to expectations. Held: In appropriate cases where one party contracts to provide entertainment and enjoyment, including a contract for a holiday, damages can be recovered for mental distress and vexation. The damages awarded … Continue reading Jarvis v Swans Tours Ltd: CA 16 Oct 1972
The authority sought rescission of a lease granted to the defendant under the right to buy scheme, saying that she had misrepresented her occupation when applying. The tenant replied that no adequate evidence had been brought that she was not a secure tenant. The authority had set out several statements as to her occupation by … Continue reading London Borough of Haringey v Hines: CA 20 Oct 2010
The receiver appealed against an order finding that the debtor petitioner was not domiciled here when the order was made. The debtor had a domicile of origin in England, but later acquired on in the Isle of Man. He then acquired a home in Mauritius and left IOM. The creditor said that new home was … Continue reading Barlow Clowes International Ltd and Others v Henwood: CA 23 May 2008
Land was bought for development, but the purchaser later discovered a sewage pipe which very substantially limited its development potential. The existence of the pipe had not been disclosed on the sale, being unknown to the seller. Held: Under the National Conditions of Sale, it is the purchaser who takes the risk of there being … Continue reading William Sindall Plc v Cambridgeshire County Council: CA 21 May 1993
A property was sold subject to the National Conditions of Sale (19th edition). Condition 17(1) of the conditions provided that ‘no error, the statement or omission in any preliminary answer concerning the property . . shall annul the sale’. There . .
It had been alleged that there had been a conspiracy involving the company giving unlawful financial assistance for the purchase of its own shares.
Held: Dishonesty is not a necessary ingredient of liability in an allegation of a ‘knowing . .
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
. .
Tenancy granted, but asbestos found before occupation taken up. . .
The court considered the effect of the default clause in a standard form of contract which is widely used in the grain trade. On 10 June 2010 the respondents, Nidera BV, whom I shall call ‘the buyers’, entered into a contract with the appellants, . .
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(Middlesborough County Court) The seller had left the house before marketing it. The buyer made an offer. In answer to the pre-contract enquiries, the seller told the buyer that the central heating was in good order, which was true at the time. Contracts were not exchanged until three months later when the water froze, cracking … Continue reading Corner v Munday: 7 Jan 1987
Doyle -v- Olby (Ironmongers) Ltd was an appropriate way of assessing damages for an action under the Act, and damages are calculated on the basis of fraud.A client misled into an investment is entitled to the measure of damages he would receive for a fraud. Citations: [1991] 2 QB 297, [1991] EWCA Civ 12 Links: … Continue reading Royscot Trust Ltd v Rogerson: 1991
Citations: [1978] 1 QB 574 Statutes: Misrepresentation Act 1967 2(1) Jurisdiction: England and Wales Contract Updated: 31 May 2022; Ref: scu.186449
The claimant alleged that it had entered into a sub-contract relying upon misrepresentations made by the defendant, SCL that it was the main contractor, and that it was still trading. The defendant company operated through associated companies for which it was an agent, but itself was treated as dormant, even though it still put its … Continue reading Floods of Queensferry Ltd, David Charles Flood v Shand Constructions Ltd, Morrison Shand Constructions Ltd, Morrison Construction Ltd: TCC 17 Dec 1999
The defendant had relied on a non-reliance clause in the special conditions of a tender: ‘Messrs. Lalonde Bros and Parham for themselves, for the vendors or landlord whose agents they are give notice that (a) These particulars are prepared for the convenience of an intending purchaser or tenant and although they are believed to be … Continue reading Cremdean Properties Ltd v Nash: CA 1977
On its proper construction the section is concerned only with the liability of that other party to the contract and not with the liability of an agent. Citations: [1983] 1 WLR 857 Statutes: Misrepresentation Act 1967 2(1) Cited by: Cited – MCI Worldcom International Inc v Primus Telecommunications Inc ComC 25-Sep-2003 The claimant sought judgment, … Continue reading Resolute Maritime Inc v Nippon Kaiji Kyokai: 1983
Where an action was commenced before the new rules came into effect, but an application to strike out an action was issued and decided after they came into effect, that application could not be decided under the old rules. The new rules applied fundamentally different tests, and these tests had to be applied.Assessment of respective … Continue reading Axa Insurance Co Ltd v Swire Fraser Ltd: CA 9 Dec 1999
The measure of damages is the same as for fraudulent misrepresentation i.e. all loss caused by the plaintiff having been induced to enter into the contract. Judges: Bingham LJ Citations: [1991] 2 EGLR 197 Statutes: Misrepresentation Act 1967 2(1) Jurisdiction: England and Wales Cited by: Cited – William Sindall Plc v Cambridgeshire County Council CA … Continue reading Kemp Properties (UK) Ltd v Dentsply Research and Development Corporation: 1991
The plaintiff had been induced by the fraudulent misrepresentation of the defendant to buy an ironmonger’s business for 4,500 pounds plus stock at a valuation of 5,000 pounds. Shortly after the purchase, he discovered the fraud and started the action. But despite this he had to remain in occupation: ‘he had burned his boats and … Continue reading Doyle v Olby (Ironmongers) Ltd: CA 31 Jan 1969
The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, … Continue reading Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914
Judges: Chadwick LJ Citations: [1998] EWCA Civ 1523 Statutes: Misrepresentation Act 1967 3 Jurisdiction: England and Wales Citing: Cited – Thomas Witter v TBP Industries Ltd ChD 15-Jul-1994 An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind. An acknowledgement … Continue reading E A Grimstead and Son Limited v McGarrigan: CA 13 Oct 1998
An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind. An acknowledgement of non-reliance clause has become a common part of modern commercial contracts. An entire agreement clause limits the terms of the parties’ agreement to their written agreement and … Continue reading Thomas Witter v TBP Industries Ltd: ChD 15 Jul 1994
The court considered whether claims arising from misrepresentation or breach of a collateral contrat were claims arising ‘under’ the contract so as to be governed by the disputes provisions in it. Held: The disputes did not arise ‘under the contract as such. Slade LJ said that the phrase ‘under a contract’ was not wide enough … Continue reading Fillite (Runcorn) Ltd v Aqua-Lift: CA 1989
Citations: [1991] 1 WLR 461 Statutes: Misrepresentation Act 1967 Jurisdiction: England and Wales Cited by: Cited – MCI Worldcom International Inc v Primus Telecommunications Inc ComC 25-Sep-2003 The claimant sought judgment, and the defendant leave to amend its defence. The question was whether the proposed defence had any reasonable prospect of success. Held: The misrepresentation … Continue reading East v Mawer: CA 1991
There was a bank robbery and the robber had paid in part of the stolen proceeds into another branch of the same bank and the bank sued the robber to recover the stolen monies after the robber had been convicted of robbery and the robber had claimed that the bank’s claim was one based on … Continue reading Barclays Bank v Cole: CA 1966
Foreseeability Standard to Establish Negligence Complaint was made that oil had been discharged into Sydney Harbour causing damage. The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying ‘We have come back to the plain common sense stated by Lord Russell of Killowen … Continue reading Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1): PC 18 Jan 1961
The plaintiff had been an investor with the defendant. He asked them about an associated company. He was given advice which was incorrect. He claimed damages for negligence. Held: The company was not itself in the business of giving such advice. The advice had been gratuitous. The company had appreciated that he might act on … Continue reading Mutual Life And Citizens’ Assurance Co Ltd And Another v Evatt: PC 16 Nov 1971
A clause provided that an insurance policy should be governed by Belgian law and that ‘any disputes arising thereunder shall be exclusively subject to Belgian jurisdiction.’ The underwriters avoided the contract for non-disclosure of material facts and submitted that the jurisdiction clause could no longer apply because there ‘is no contract and there was no … Continue reading Mackender v Feldia AG: CA 1966
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
