Judges: Irwin J Citations: [2006] EWHC 2708 (QB) Links: Bailii Statutes: Statute of Frauds (Amendment) Act 1828 Jurisdiction: England and Wales Cited by: Appeal from – Contex Drouzhba Ltd v Wiseman and Another CA 20-Nov-2007 The defendant was a director of a company. He signed a letter for the company promising to pay for goods … Continue reading Drouzhba v Wiseman and Another: QBD 3 Nov 2006
Fraudulent Misrepresentation by Company Director Fraudulent bills of lading had been issued in order to rely upon letters of credit issued by the bank. The director signing the bills sought to avoid personal liability, saying it was the Act of the company. The defendant company also appealed on the basis that the claimant bank had … Continue reading Standard Chartered Bank v Pakistan National Shipping Corporation, Standard Chartered Bank v Pakistan National Shipping Corporation and Others and Another and Others (Nos 2 and 4): HL 6 Nov 2002
References: [1836] 1 M & W 101, [1836] EngR 146, (1836) 150 ER 363 Links: Commonlii Coram: Gurney B, Parke B, Alderson B, Lord Abinger CB Ratio:The question before the court was whether a misrepresentation, that a particular fund in which Lord Edward Thynne had a life interest was charged with only three annuities, was … Continue reading Lyde v Barnard; CExC 1836
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The claimant sought to allege that the defendant company director was personally liable after misrepresentations as to the company’s creditworthiness in ordering goods when the defendant was really insolvent. Held: The defendant’s appeal failed. The facts did not fall within the scope of section 6: ‘There was no purpose or intention on the part of … Continue reading Roder UK Ltd v West and Another: CA 12 Oct 2011
The plaintiff sought to avoid the 1828 Act (Lord Tenterden’s Act). Lakeview, had agreed to buy a substantial quantity of oil from them but was never in a position to do so. The plaintiffs sought their loss from the defendant, Mr. Oaten, and not Lakeview. Held: The mere fact of entering into a contract imports … Continue reading John Hudson v Oaten: CA 19 Jun 1980
The claimant had purchased Euros through a foreign exchange dealer. The dealer company became insolvent, causing losses to the claimant, who sought to recover from the company’s managing director, the defendant, saying that he was aware of the insolvency but had continued to trade using the claimant’s money to pay creditors rather than placing it … Continue reading Lindsay v O’Loughnane: QBD 18 Mar 2010
The defendant was a director of a company. He signed a letter for the company promising to pay for goods ordered. The representation was found to have been made fraudulently because he knew the company was insolvent, and unable to pay. He now appealed a finding that he was personally responsible. Held: The director’s appeal … Continue reading Contex Drouzhba Ltd v Wiseman and Another: CA 20 Nov 2007