Roder UK Ltd v West and Another: CA 12 Oct 2011

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 the appellants, when they made the relevant representations, that Titan should obtain money. Still less was there a purpose or intent that Titan should obtain goods, since the relevant goods had been obtained many months before.’

Judges:

Longmore, Hallett, Black LJJ

Citations:

[2011] EWCA Civ 1126, [2012] QB 752, [2012] 3 WLR 469, [2012] 1 All ER (Comm) 659, [2012] 1 All ER 1305, [2011] NPC 101

Links:

Bailii

Statutes:

Statute of Frauds Act 1677 4, Statute of Frauds (Amendment) Act 1828 6

Jurisdiction:

England and Wales

Citing:

Cited – Pasley v Freeman 1789
Tort of Deceit Set Out
The court considered the tort of deceit. A representation by one person that another person was creditworthy was actionable if made fraudulently. A false affirmation made by the defendant with intent to defraud the plaintiff, whereby the plaintiff . .
Cited – Lyde v Barnard CExC 1836
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 a representation relating to Lord Edward’s credit or ability within the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Company

Updated: 20 September 2022; Ref: scu.445404