Negligent Misstatement in UK Law

Leading Cases
  • Caparo Industries Plc v Dickman
    • House of Lords
    • 08 February 1990

    What emerges is that, in addition to the foreseeability of damage, necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of "proximity" or "neighbourhood" and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope upon the one party for the benefit of the other.

  • Hedley Byrne & Company Ltd v Heller & Partners Ltd
    • House of Lords
    • 28 May 1963

    I therefore turn to the authorities to see what more is required. The most natural requirement would be that expressly or by implication from the circumstances the speaker or writer has undertaken some responsibility, and that appears to me not to conflict with any authority which is binding on this House. Where there is a contract there is no difficulty as regards the contracting parties: the question is whether there is a warranty.

    Furthermore, if in a sphere in which a person is so placed that others could reasonably rely upon his judgment or his skill or upon his ability to make careful inquiry, a person takes it upon himself to give information or advice to, or allows his information or advice to be passed on to, another person who, as he knows or should know, will place reliance upon it, then a duty of care will arise.

  • White and Another v Jones and Another
    • House of Lords
    • 16 February 1995

    Second, since this House was concerned with cases of negligent misstatement or advice, it was inevitable that any test laid down required both that the plaintiff should rely on the statement or advice and that the defendant could reasonably foresee that he would do so.

    Although the categories of cases in which such special relationship can be held to exist are not closed, as yet only two categories have been identified, viz. (1) where there is a fiduciary relationship and (2) where the defendant has voluntarily answered a question or tenders skilled advice or services in circumstances where he knows or ought to know that an identified plaintiff will rely on his answers or advice.

  • Nomura International Plc v Granada Group Ltd and Others
    • Queen's Bench Division (Commercial Court)
    • 23 March 2007

    In my judgment therefore if Nomura, at the time of issuing its Claim Form, was not in a position to do the minimum necessary to set out the nature of the claim it was making, it would be seeking an illegitimate benefit, namely the prevention of further time running under the Limitation Acts for a claim which it could not properly identify or plead. In such circumstances it could have no present intention to pursue a claim since it had no sufficient idea of the claim it wished to pursue.

  • Morin v Bonhams & Brooks Ltd
    • Court of Appeal (Civil Division)
    • 18 December 2003

    In the present case, elements constituting the alleged tort occurred both in England and in Monaco. But I agree with the judge that the most significant elements occurred in Monaco. The making by BBM through its catalogue in England of a negligent misstatement is of course one essential element.

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Legislation
  • Trent and Lincolnshire Water Act 1971
    • UK Non-devolved
    • January 01, 1971
    ... ... on any such application it appears to the justices that the misstatement or wrong description arose from mistake, the justices shall certify the ... , bursting or failure thereof, unless it is due to the wilful or negligent acts or omissions of the board or of any persons in their employ, or of ... ...
  • Keighley to Kirkby Road (Yorkshire District) Act 1823
    • UK Non-devolved
    • January 01, 1823
    ... ... by Writing under their Hands, that such Omission or Misstatement proceeded from Mistake ... XXIV ... Provided also, and be it farther enacted, ... Team or Draught to work on the said Road, shall be found idle or negligent by any Surveyor to the said Trustees, such Surveyor is hereby- empowered ... ...
  • Criminal Justice Act 1967
    • UK Non-devolved
    • January 01, 1967
    ... ... offences by drivers of carriages on the highway, including negligent and furious driving and failing to keep to the left.£5 where the driver ... ...
  • Grand Junction Canal Act 1879
    • UK Non-devolved
    • January 01, 1879
    ... ... 4. If any omission, misstatement, or erroneous description shall Errors, &c have been made of any lands, or ... emptied for repairs, cleansing, or any other purpose, or by the negligent or improper construction, management, or use of any valve, weir, sluice, ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • The limits of negligent misstatement
    • JD Supra United Kingdom
    The house always wins - except, it seems, at the Court of Appeal. The appellant bank did not owe a duty of care to Playboy Club's casino for a negligent misstatement as to a gambler's creditworthin...
  • Good News for Agents, but be Aware
    • JD Supra United Kingdom
    Introduction - In Torre Asset Funding Ltd v Royal Bank of Scotland Plc [2013] EWHC 2670 (Ch), the claimant (“Torre”) was a lender in a financing structure which included super senior, senior...
    ... ... that RBS had breached its duty as agent and on the basis of negligent misstatement by RBS. Torre made the following claims: 1. discussions ... ...
  • Pensions Ombudsman Round-Up January 2020
    • Mondaq UK
    ... ... is brought to TPO, it will usually consider two legal concepts: negligent misstatement and estoppel. TPO will also consider whether there has been ... ...
  • How Can An Employer Give An Opinionated Reference?
    • Mondaq UK
    ... ... the former employee may have a claim against the ex-employer for negligent misstatement. The High Court has ruled on how far the employer's duty ... ...
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