Misrepresentation Deceit in UK Law

Leading Cases
  • Dornoch Ltd v Mauritius Union Assurance Company Ltd
    • Queen's Bench Division (Commercial Court)
    • 19 Ago 2005

    It seems to me that there are six significant elements that make up the torts alleged in this case, ie. First there is the situation in MCB during the period 1991 to 2002 as it actually existed; were there irregularities and failures in regulation and did officers and directors of MCB know of them? Sixthly, there is any loss that the Reinsurers have suffered or will suffer as a consequence of the alleged deceit.

    The antecedent facts concerning the true situation in MCB are important, but it is what is done with those facts that really matters so far as the tort of fraudulent misrepresentation or deceit is concerned. In short, it is (on the assumptions I have made) MCB's decision not to tell the facts as they are and to continue to mislead that matters most, not the true facts themselves.

  • Downs v Chappell
    • Court of Appeal (Civil Division)
    • 03 Abr 1996

    They were told lies in order to induce them to enter into the contract The lies were material and successful; they induced the Plaintiffs to act to their detriment and contract with Mr Chappell. The Judge should have concluded that the Plaintiffs had proved their case on causation and that the only remaining question was what loss the Plaintiffs had suffered as a result of entering into the contract with Mr Chappell to buy his business and shop.

  • Dadourian Group International Inc. (a company incorporated under the Laws of the State of New York) and Others v Azuri Ltd
    • Chancery Division
    • 14 Nov 2007

    I am not sure that the position in relation to a restitutionary claim is as clear as Mr Freedman suggests. It seems to me, in contrast, that whilst a person committing the tort of deceit should be liable for all the loss which flows from his misrepresentation, it would be unprincipled to impose a liability on him for the loss of bargain suffered by a misrepresentee in respect of a contract with a third party with whom he had been induced to contract by the misrepresentation.

    It does not follow that B should be liable for contractual damages to A where the contract which he procured was one between A and C, even where C is the creature of B. To put the point another way, where in that example the principle of corporate separation exemplified in Salamon v A Salamon & Co Ltd [1897] AC 22 would apply absent a misrepresentation by the person controlling the company, there is no need, and it would be inappropriate, to lift the veil in order to provide A with a contractual remedy against B; A recovers all his loss arising as a result of the misrepresentation by his tortious claim in deceit.

  • Hayward v Zurich Insurance Company Plc
    • Supreme Court
    • 27 Jul 2016

    It must be shown that the defendant made a materially false representation which was intended to, and did, induce the representee to act to its detriment. To my mind it is not necessary, as a matter of law, to prove that the representee believed that the representation was true. For example, if the representee does not believe that the representation is true, he may have serious difficulty in establishing that he was induced to enter into the contract or that he has suffered loss as a result.

  • Cassa Di Risparmio Della Repubblica Di San Marino Spa (Applicant/ Claimant) v Barclays Bank Plc (Respondent/ Defendant)
    • Queen's Bench Division (Commercial Court)
    • 09 Mar 2011

    In a deceit case it is also necessary that the representor should understand that he is making the implied representation and that it had the misleading sense alleged. A person cannot make a fraudulent statement unless he is aware that he is making that statement. In other cases of misrepresentation this is not a requirement, but one would generally expect it to be reasonably apparent to both representor and representee that the implied representation alleged was being made.

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Legislation
  • Immigration and Asylum Act 1999
    • UK Non-devolved
    • 1 de Enero de 1999
    ......S-112 . Recovery of expenditure on support:misrepresentation etc. 112 Recovery of expenditure on support:misrepresentation etc. . (1) ... with failed asylum seekers whose claims have involved blatant deceit. Section 28 replaces and extends the current deception offence set out in ......
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Books & Journal Articles
  • Using anti-money laundering measures to curb pension fraud in Nigeria
    • Núm. 27-4, Diciembre 2020
    • Journal of Financial Crime
    • 1341-1348
    Purpose: The purpose of this paper is to propose a new approach to curbing pension fraud in Nigeria. The approach involves the use of anti-money laundering tools, procedures and expertise to advanc...
    ...... limitations/implications –Pension fraud involves the useof deceit or misrepresentation inconnection with a pension claim. There are many ......
  • Measures in Misrepresentation: Recent Steps in Awarding Damages
    • Núm. 55-5, Septiembre 1992
    • The Modern Law Review
    ...... As is well known, at common law the courts had only allowed damages for fraudulent misrepresentation in the tort of deceit'; the only remedy for innocent or negligent misrepresentation was rescission of the contract, if it was available, together with a ......
  • Early warning systems: Helping to steer a safer course
    • Núm. 8-2, Febrero 2000
    • Journal of Financial Regulation and Compliance
    • 151-156
    In this paper, the author examines the steps that Barclays Retail Financial Services has taken over the last few years to help identify potential risk to investors at an earlier stage. Barclays Ban...
    ......Business managers must take deceit, misrepresentation, financial dif-ficulties and anything else which casts ......
  • Notes of Cases
    • Núm. 47-4, Julio 1984
    • The Modern Law Review
    ...... risk of being condemned as either negligent misrepresentation", deceit or even vitiating consent. The modern patient has the \xE2"......
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Law Firm Commentaries
  • The Client Must Get Who It's Promised
    • Mondaq United Kingdom
    ......this information. This amounted to fraudulent misrepresentation and. deceit. The client is now entitled to damages for the losses it ......
  • To Litigate Or Not To Litigate?
    • Mondaq United Kingdom
    ...... site, that Fitzroy Robinson was guilty of fraudulent misrepresentation and deceit in inducing the employers to employ the firm, and that Fitzroy ......
  • B.C. Court finds Civil Fraud by Omission in Wang v Shao
    • LexBlog United Kingdom
    We previously reported in an article last August that Ontario Courts are increasingly finding civil fraud on the basis of material omissions, as in the United Kingdom. This trend has continued in a...
    ...... murder as the reason for sale constituted a fraudulent misrepresentation (deceit). This argument was advanced as a defence to vitiate all ......
  • Suspicion Of Fraud Does Not Prevent Unravelling A Settlement
    • Mondaq UK
    ...... seeking to set aside a settlement and claim damages for deceit. The facts. The claimant, Mr Hayward, was injured at work and made a ..., recover the sums paid and seek damages for fraudulent misrepresentation or deceit. It argued Hayward's claim and witness statements referring to ......
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