AIC Ltd v ITS Testing Services (UK) Ltd; The Kriti Palm
| Jurisdiction | England & Wales |
| Judge | Lord Justice Rix,Lord Justice Buxton,Sir Martin Nourse |
| Judgment Date | 28 November 2006 |
| Neutral Citation | [2006] EWCA Civ 1601 |
| Docket Number | Case No: A3/2005/2351 |
| Court | Court of Appeal (Civil Division) |
| Date | 28 November 2006 |
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107 cases
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Nadim Al-Hasani v Ronald Nettler
...proceedings. 137 In my view the law is accurately summarised by Rix LJ in AIC Ltd v ITS Testing Services UK Ltd (“The Kiri Palm”) [2006] EWCA Civ 1601 at paragraph 321, where he said: “321. It appears therefore that there must be either active and intentional concealment of a fact relevant......
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UBS Ag (London Branch) and Another v Kommunale Wasserwerke Leipzig Gmbh UBS Ltd and Another (Third Parties)
...deceit are well established. For present purposes it is sufficient to take the succinct summary of the relevant requirements by Rix LJ in The Kriti Palm [2006] EWCA Civ 1601, [2007] 1 Lloyd's Rep 555 at [251]: "The elements of the tort of deceit are well known. In essence they require (1) ......
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Canada Square Operations Ltd v Potter
...partly different grounds.The following cases are referred to in the judgments:AIC Ltd v ITS Testing Services (UK) Ltd (The Kriti Palm) [2006] EWCA Civ 1601; [2007] 1 All ER (Comm) 667, CAAkhtar v Boland [2014] EWCA Civ 943; [2014] CP Rep 41, CAApplegate v Moss [1971] 1 QB 406; [1971] 2 WLR ......
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Avonwick Holdings Ltd v Azitio Holdings Ltd
...see, most recently, Simetra Global Assets Ltd v Ikon Finance Ltd [2019] EWCA Civ 1413 per Males LJ at [35], citing The Kriti Palm [2006] EWCA Civ 1601, [2007] 1 Lloyd's Rep 555 at [251] per Rix LJ. Expressed only slightly differently, Jackson LJ in EC03 Capital Limited v Ludsin Overseas ......
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1 firm's commentaries
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Court Of Appeal Provides Further Clarification On The Limitation Period In Fraud Claims
...time limits even if based on much the same set of facts. A good illustration of that was AIC Ltd v ITS Testing Services (UK) Ltd [2006] EWCA Civ 1601, where the claimant knew of the defendant's breach of contract and/or duty more than six years before it brought a claim but the defendant's ......
3 books & journal articles
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Dispute resolution
...Assurance Society [2007] EWHC 503 (Comm) at [80]–[81], per Cresswell J; AIC Ltd v ITS Testing Services (UK) Ltd (the “Kriti Palm”) [2006] EWCA Civ 1601; Poh Cheng Chew v KP Koh & Partners Pte Ltd [2014] SGHC 20 at [38] and [42], per Lionel Yee JC; Lainson Holdings Pty Ltd v Dufy Kennedy Pty......
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Contract administration
...(Hong Kong) v Wang Chong Construction Co Ltd (1991) 8 Const LJ 137 [HK CA]; AIC Ltd v ITS Testing Services (UK) Ltd (the “Kriti Palm”) [2006] EWCA Civ 1601 at [338]. 143 Ocean Diners (Pty) Ltd v Golden Hill Construction CC , 1993 (3) SA 331 (A) (noted by Van Deventer, [1994] ICLR 85–86). 14......
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Unlocking the Energy of the Amazon? the Need for a Food Fraud Policy Approach to the Regulation of Anti-Ageing Health Claims on Superfood Labelling
...test of whether the maker honestly believed the representation to be true, see AIC Ltd v ITS Testing Services (UK) Ltd The Kriti Palm [2006] EWCA Civ 1601, 398. US courts have made it clear that ‘deceptive or misleading commercial speech can still be considered a form of fraud, undue influe......