header-logo header-logo

24 March 2011
Issue: 7458 / Categories: Case law , Law digest
printer mail-detail

Misrepresentation

Cassa di Risparmio della Repubblica di San Marino SpA v Barclays Bank Ltd, [2011] EWHC 484 (Comm), [2011] All ER (D) 189 (Mar)

In order to establish a right to damages under s 2(1) of the Misrepresentation Act 1967, it was necessary for the claimant to prove: (a) a representation made by the defendant; (b) which was false; (c) which induced the claimant to enter into the relevant contract; and (d) as a result of which the claimant suffered loss. If those elements were proved, the defendant would have a defence under s 2(1) of the Act if it proved that it had reasonable ground to believe, and did believe, up to the time that contract was made, that the facts represented were true.

The requirements for a claim under the Act were therefore the same as for a claim in the tort of deceit, subject to the important difference that under s 2(1) it was not necessary for the claimant to prove that the misrepresentation had been made fraudulently. Rather, the Act expressly provided that, where the other requirements of the tort of deceit were met, the person

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll