The defendant appealed a finding of deceit. Having issued its certificate as to the quality of a cargo of gasoline, it then failed to disclose to the party who had paid it to produce the certificate, information it had which cast doubt on the accuracy of te certificate.
Held: Dishonesty was the essence of the tort of deceit. Though it was possible to be fraudulent even by making an ambiguous statement, in such a case it was essental that the statement should be understood in the way intended and it should be a representation of fact, and be relied upon. In the circumstances of the case, the claimant could establish a cause of action in deliberate concealment but not in deceit.
Buxton LJ, Rix LJ, Sir Martin Nourse
[2006] EWCA Civ 1601, Times 21-Dec-2006, [2007] 1 Lloyd’s Rep 562, [2007] 1 All ER (Comm) 667
Bailii
Limitation Act 1980 32(2)
England and Wales
Citing:
Appeal from – AIC Ltd v ITS Testing Services (UK) Ltd ComC 7-Oct-2005
. .
Cited – Jones v Sherwood Computer Services Limited plc CA 1992
A contract provided for the sale and purchase of shares. In the absence of agreement a third party firm of accountants would act as valuer as an expert, and his decision was to be final and binding on the parties. One party now appealed a decision . .
Cited – Veba Oil Supply and Trading Gmbh v Petrotrade Inc CA 6-Dec-2001
A dispute between parties to a contract was to be determined by an independent expert. It was claimed that his report was not binding on the parties, since he had departed from his instructions in a material way. In this context, what constituted a . .
Cited – Assicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
Cited by:
Cited – Grosvenor Casinos Ltd v National Bank of Abu Dhabi ComC 17-Mar-2008
Banker’s reference no guarantee
An Arab businessman lost pounds 18m at the claimant casino, and wrote scrip cheques against his account with the defendant. The claimant obtained judgment, but being unable to enforce that judgment pursued his bank. The club had used a system where . .
Cited – Lindsay v O’Loughnane QBD 18-Mar-2010
lindsay_oloughnaneQBD11
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 . .
Lists of cited by and citing cases may be incomplete.
Contract, Torts – Other, Limitation
Updated: 31 October 2021; Ref: scu.246701
