Litigation Notes
Tag: misrepresentation
Showing 12 out of 13 results
High Court considers the requirement for “awareness” in implied misrepresentation claims
The High Court has refused an application to strike out or summarily dismiss a claim for fraudulent misrepresentation in the group litigation against …
Court of Appeal clarifies proper approach to assessing damages for fraudulent misrepresentation
The Court of Appeal has allowed an appeal by a purchaser in the context of its claim for damages for fraudulent misrepresentation against the sellers of …
High Court orders payment to sellers from escrow account, despite purchaser’s fraud claims, as claims had not been notified in accordance with the SPA
The High Court has granted the sellers of a company summary judgment on their claim for specific performance of a clause requiring payment of …
High Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation
In a recent decision, the High Court has struck out claims against a defendant bank alleging implied fraudulent misrepresentations in relation to LIBOR, …
Commercial Court considers contractual estoppel, entire agreement clauses and declaratory relief in dispute relating to 1992 ISDA Master Agreement
The Commercial Court has granted declaratory relief concerning a bank’s rights under an interest rate hedging arrangement governed by the 1992 ISDA …
Pre-contractual statements: When can they come back to bite you?
Parties may say all sorts of things when negotiating a contract. Where sophisticated commercial parties are involved, most pre-contractual …
Court of Appeal confirms no claim for third party's loss unless common intention to benefit the third party at the time of contracting
The Court of Appeal has held that, where a buyer wrongly terminated a two year contract, the seller could only claim its own loss of profit and not that …
Court of Appeal confirms correct legal test for determining a principal's liability for its agent's fraudulent misrepresentation
The Court of Appeal has confirmed that, where a claimant has suffered loss in reliance on an agent's fraud, the principal will be vicariously liable only …
High Court finds entire agreement clause did not exclude liability for misrepresentation
The High Court has held that an entire agreement clause in a commercial contract did not exclude liability for misrepresentation under section 2(1) of …
Misrepresentation claim struck out on basis that entire agreement statement excluded liability
The High Court has held that an entire agreement clause in a commercial contract had the effect of excluding liability for misrepresentation under …
Court of Appeal finds non-reliance clause sought to exclude liability for misrepresentation and was therefore subject to UCTA reasonableness test
The Court of Appeal has found that a "non-reliance" clause in a lease was a term that excluded or restricted liability for misrepresentation. …
Court of Appeal clarifies scope of potential liability under the Misrepresentation Act 1967
A recent Court of Appeal decision provides welcome clarity for issuers on the scope of their potential liability under the Misrepresentation Act 1967, …
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