Derry and Others v Peek
| Jurisdiction | UK Non-devolved |
| Court | House of Lords |
| Judgment Date | 01 July 1889 |
| Judgment citation (vLex) | [1889] UKHL J0701-1 |
| Date | 01 July 1889 |
Derry and Others
and
Peek.
[1889] UKHL J0701-1
House of Lords
1
After hearing Counsel, as well on Thursday the 28th and Friday the 29th days of March last as Friday the 5th, Tuesday the 9th, and Thursday the 11th days of April last, upon the Petition and Appeal of William Derry, of Houndscombe, Plymouth, in the County of Devon; Joseph Colen Wakefield, of 25, Holland Villas Road, Kensington, in the County of Middlesex; Michael Miller Moore, of No. 6, Lombard Street, in the City of London; John Pethick, of Norley House, Plymouth, aforesaid; and Samuel John Wilde, of No. 10, Serjeants' Inn, Fleet Street, in the City of London, aforesaid, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal, of the 19th of November 1887, so far as regards the words, "This Court doth order that the said Judgment, dated the 24th March 1887, be reversed:
2
And this Court doth declare that the Plaintiff was induced by the statement in the prospectus of the Defendants mentioned in the statement of claim to make the purchase of the 400 shares hereinafter mentioned, and that the Defendants are liable to make good to the Plaintiff the loss sustained by him by reason of his taking the 400 shares in the Plymouth, Devonport, and District Tramway Company, and that this loss is to be the difference between the sum of £. 4,000 paid by him for such shares and the real value of such shares immediately after the 17th February 1883, when they were allotted to him:
3
And it is ordered that the following inquiry be...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
399 cases
-
Nike Real Estate Ltd v De Bruyne
... ... v. Bonnin , [1922] 2 A.C. 413 ; (1922), 91 L.J.P.C. 210 , applied. (5) Derry v. PeekELR (1889), 14 App. Cas. 337 ; 58 L.J. Ch. 864 , distinguished. (6) Downs v ... Fasteners Ltd. v. Marks Bloom & Co. , [1983] 1 All E.R. 583 , considered. (9) Peek v. GurneyELR (1873), L.R. 6 H.L. 377 ; 43 L.J. Ch. 19 , referred to. (10) Smith v ... others, I think the decision ought to have been in favour of the Defendants. A deliberate statement was ... ...
-
Delany v Keogh
... ... C. 925. Cullen v. Thomson's TrusteesUNK 4 Macq. H. L. 424. Derry v. Peek 14 A. C. 337. Derry v. Peek 14 A. C. 377. Dimmock v ... in the particuÂlars of sale which were read out by the defendant to the plainÂtiff and others at the auction :—" The above property is held under lease for a term of sixty-one years at ... ...
-
Ennia General Insurance Company Ltd Appellant v J. Astaphan & Company (1970) Ltd Respondent [ECSC]
...if there is an honest belief in the accuracy of the claim and dishonest means are used in presenting it, it is fraudulent. Counsel cited DERRY v. PEEK (1889) 14 A.C. 337 and he also quoted the following pasage from the judgment of Viscount Sumner in LEK v. MATTHEWS (1927) 29 LL.R. 141, whic......
- OCBC Bank (M) Bhd v Pendaftar Hakmilik, Negeri Johor Darul Takzim
Get Started for Free
4 firm's commentaries
-
Liability For Misleading Or Untrue Statements: ACL Netherlands BV v Lynch
...they must hold it, to give rise to liability. He drew considerable support from a fraudulent misstatement decision, Derry v Peek (1889) 14 App. Cas. 337, to identify the three specific principles. First, actual knowledge of the falsity of each pleaded statement is necessary in order to rend......
-
How To Navigate The Autonomy Judgment: Guidance For Corporate Issuers Defending Section 90A / Schedule 10A FSMA Shareholder Claims
...deliberately left out). Recklessness. In the context of s.90A/Sch 10A FSMA, recklessness bears the meaning laid down in Derry v Peek (1889) 14 App. Cas. 337, i.e. not caring the truth of the statement, such as to lack an honest belief in its truth. Dishonesty Even on the civil burden of pro......
-
'Dishonesty And Fraud Exclusion In PI Policy: Court Affirms Wayne Tank Principle And As To Defence Costs Entitlements': Mccarthy -v- St Paul International Insurance Co Ltd [2007] FCAFC 2
...Keifel J rejected this argument. The person is guilty of deceit if they know or believe what they say to be false: Derry v Peek (1889) 14 App Cas 337. Whether a statement is dishonest is to be assessed by reference to standards of ordinary honest persons: McCann v Switzerland Insurance Aust......
-
UK Listing And Prospectus Regime Reform: Potential Impact On Securities Litigation
...to as the Autonomy judgment), the High Court confirmed that recklessness in this context will have the meaning laid down in Derry v Peek (1889) 14 App. Cas. 337: "not caring about the truth of the statement, such as to lack an honest belief in its truth. Honest belief in the truth of a stat......
96 books & journal articles
-
Misrepresentation
...plc [2019] EWHC 366 (Comm) at [254], citing Jackson LJ in ECO3 Capital Ltd v Ludsin Overseas Ltd [2013] EWCA Civ 413 at [77]. 164 (1889) 14 App Cas 337 165 s 90, Financial Services and Markets Act 2000; Cartwright, Misrepresentation (2019) 7- 49 to 7- 65; that pro- vision can be traced to......
-
The Carriers' Delivery Obligation
...Enterprises (The Zagora) [2016] EWHC 3212 (Comm); [2017] 1 Lloyd’s Rep 194. 206 See para 10.30. 207 See below, para 10.41. 208 Derry v Peek (1889) 14 App Cas 337, 374. 209 But cf Brown, Jenkinson & Co Ltd v Percy Dalton (London) Ltd [1957] 2 QB 621 (CA) and Hunter Grain Pty Ltd v Hyundai Me......
-
Express warranties and misrepresentations
...doctrine: see paras 3.20–3.21, 16.79–16.80. 2 See Newbigging v Adam (1886) 34 Ch D 582, CA, and see paras 3.26–3.30. 3 See Derry v Peek (1889) 14 App Cas 337, HL, see paras 15.02–15.03. 4 Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465, [1961] 1 All ER 82, HL. 5 As in Esso Petro......
-
Chapter 12: Insurance claims
...2 AC 164 at [27]. Clarke, LIC, 27–2 ff. 177 See e.g. Britton v Royal Ins Co (1866) 4 F & F 905 at 908, per Willes J. 178 Derry v Peek (1889) 14 App Cas 337; Lek v Mathews (1927) 29 Ll L Rep 141, 145, HL, per Lord Sumner. 179 Barlow Clowes Int v Eurotrust Int Ltd [2005] UKPC 37, [2006] 1......
Get Started for Free
