Misrepresentation in UK Law

  • Phosphate Sewage Company v Molleson
    • House of Lords
    • 22 June 1876
    Proof of fraud in conneetion with the contract. Concealment of the fact. Sale of the concession. Sewage company
    ... ... But when I examine the condescendence for the purpose of discovering what is the fraud or the misrepresentation by reason of which the Phosphate Sewage Company say they have a right to rescind the bargain made with Messrs Lawson and Son, I find that the ... ...
  • Lambert v Co-operative Insurance Society Ltd
    • Court of Appeal (Civil Division)
    • 22 January 1975
    ... ... Justice Mignault thought that the test is not what the insurance would done but for the misrepresentation or concealment, but" - quoting that judge's words - "'what any reasonable man would have considered material to tell them when the questions were put ... ...
  • BSA International SA v Irvine
    • Court of Session (Outer House)
    Claim for damages for negligent misrepresentation. Breach of warranty. Agreement clause in a contract. Duty of care
    ... ... The points left open concerned the pursuers' claim for damages for negligent misrepresentation, whereas the earlier debate had considered their claim for breach of warranty. It was agreed that the points on the claim for misrepresentation ... ...
  • Upper Tribunal (Immigration and asylum chamber), 2022-11-14, IA/01221/2021
    • Upper Tribunal (Immigration and Asylum Chamber)
    Making of a material error of law. Human rights act. British citizenship. Previous marriage. Secretary of state
    ... ... (1) The Judge erred in finding that ... the SSHD had lawfully concluded that the Appellant’s ... misrepresentation of his marital status in the course of previous ... applications was dishonest ... (2) The Judge misunderstood the ... Immigration Rules relating ... ...
  • Upper Tribunal (Immigration and asylum chamber), 2023-06-13, UI-2022-003914
    • Upper Tribunal (Immigration and Asylum Chamber)
    Witness statement. Appeal on the basis of the evidence. Upper tribunal. British citizenship. Secretary of state
    ... ... satisfy the condition precedent; she has failed to demonstrate that ... the citizenship was obtained by fraud, misrepresentation or ... concealment of a material fact.” ... The Grounds and ... Submissions ... The respondent’s ... grounds are twofold, firstly it is ... ...
  • Upper Tribunal (Immigration and asylum chamber), 2023-03-10, LP/00331/2021
    • Upper Tribunal (Immigration and Asylum Chamber)
    Administrative law principles. Question of the burden of proof in deprivation appeals. Second element imports considerations of causation. Secretary of state
    ... ... Indeed, although Mr Toal did not expressly ... confirm that Mr Hoti accepted that this amounted to a dishonest ... misrepresentation, he did not make any positive submission to us to ... the contrary ... Mr Toal’s central ... submission was, rather, directed to the next ... ...
  • R v David Robbins and Another
    • Court of Appeal (Criminal Division)
    • 30 March 1987
    ... ... was tantamount to the same material misrepresentations and deceptions as appeared in counts 3 and 4, together with a fifth material misrepresentation, which read as follows: "The actual and potential circumstances of Interfruit Worldwide Limited's trading position was then such that the giving of ... ...
  • Upper Tribunal (Immigration and asylum chamber), 2022-11-16, [2022] UKUT 00337 (IAC) (Muslija (deprivation: reasonably foreseeable consequences))
    • Upper Tribunal (Immigration and Asylum Chamber)
    Public interest in the deprivation of citizenship. Future appeal on human rights grounds. Secretary of state
    ... ... that deprivation of citizenship would be appropriate, other than ... “merely” the use of fraud, misrepresentation or ... concealment of a material fact. At [33], the judge said that the ... Secretary of State enjoys a “broad discretion” as to ... whether ... ...
  • R v David Robbins and Another
    • Court of Appeal (Criminal Division)
    • 30 March 1987
    ... ... was tantamount to the same material misrepresentations and deceptions as appeared in counts 3 and 4, together with a fifth material misrepresentation, which read as follows: "The actual and potential circumstances of Interfruit Worldwide Limited's trading position was then such that the giving of ... ...
  • Upper Tribunal (Immigration and asylum chamber), 2022-10-04, DC/00062/2020 & Ors.
    • Upper Tribunal (Immigration and Asylum Chamber)
    Concealment of material fact. Asylum claim. Immigration history. Legacy exercise. British citizenship. Secretary of state
    ... ... reasonable Secretary of State could have adopted ... Judge Williams accepted that the ... appellants had made a clear misrepresentation in their Form AN ... application for naturalisation by giving a negative response to the ... question of whether they had ever ... engaged in any ... ...
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