Cramaso Llp v Viscount Reidhaven’s Trustees: SCS 11 May 2010

Outer House – The pursuer said that it had been misled into taking a lease of a grouse moor by the responders making a repesentation to Mr Erskine who had conducted negotiations, and then created the pursuer as a vehicle for the lease. He sought the reduction of the contract and damages.
Held: Mr Erskine was the directing mind of the appellant, and that he had decided to enter into the contract in reliance upon a negligent misrepresentation contained in an email sent to him some weeks before the appellant was formed. Howeer the allegation of fraud had not been established. The request was refused. The appellant could not recover damages because it had not been in existence at the time when the email was sent. Although the respondents had owed a duty of care to Mr Erskine, no such duty could in his view have been owed at that time to the appellant, since a non-existent entity could not hold any right or be owed any duty.


Lord Hodge


[2010] ScotCS CSOH – 62




CitedCaparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .

Cited by:

Appeal fromCramaso Llp v Rt Hon Ian Derek Francis OgilIe-Grant, Earl of Seafield and Others SCS 7-Dec-2011
Inner House The defenders owned a grouse moor. There had been difficulties with the grouse population, and efforts over several years to restore them. The defenders sought to find a tenant. Negotiations were conducted with Mr Erskine, and an email . .
At Outer HouseCramaso Llp v Ogilvie-Grant, Earl of Seafield and Others SC 12-Feb-2014
The defenders owned a substantial grouse moor in Scotland. There had been difficulties with grouse stocks, and steps taken over years to allow stocks to recover. They had responded to enquiries from one Mr Erskine with misleading figures. Mr Erskine . .
At Outer HouseSerious Fraud Office v Papachristos and Another CACD 19-Sep-2014
The applicants challenged their convictions and sentences for conspiracy to corrupt. They owned a company manufacturing fuel additives. Technology developments meant that they came under increasing pressure on sales. They were said to have entered . .
Lists of cited by and citing cases may be incomplete.

Scotland, Negligence

Updated: 18 August 2022; Ref: scu.414917